Article XIV - Work Year

All faculty are required to work 182 days per academic year. Any faculty required to work in excess of 182 days shall be compensated at the rate of 1/200 of their annual salary for each day worked.

The Situation

On Tuesday, November 11, all faculty in the school district reported to work as scheduled. At 10:15 am a gas leak resulted in all faculty and students being sent home for the day.

The Grievance

The Employer: The administration later sent written notification to all faculty and their union that an additional day was scheduled at the end of the regular academic year. Their position was that since faculty only worked day on November 11 then they had to make up the day lost at the end of the year, at no additional pay.

The Union: The teachers and their union argued that they fulfilled their obligation by reporting to work on November 11. If the administration scheduled an additional day at the end of June then all faculty should be compensated at 1/200 of their annual salary for this time worked. They have filed a class action grievance to resolve this matter.

Questions

1. How would you define work day based upon the contract language provided?

2. If you were an arbitrator in this case how would you rule? What would your determination be and why?

3. How would you modify the contract language in order to avoid future grievances? What language would you use?