Background Information

Article VI - Call-in Pay

When an employee is required by the employer to report to work in an emergency situation which occurs outside the regular shift of the employee, then the employee shall receive a minimum of 3 hours pay, at the rate of time and one half, for such recall. When an employee is called in on a holiday, as defined in Article II of this Agreement, then the employee shall receive a minimum of 3 hours pay at the double-time rate.

The Situation

On July 3rd, at 11:00pm, Webster Ewing was called at home and was instructed by his supervisor to report to work in order to repair a malfunctioning electrical system. Webster punched the time clock at 11:30pm on July 3rd and he worked for 2 hours in order to make the necessary repairs. On the time clock he punched out at 1:30am on July 4th, which was a holiday.

The Grievance

On payday Webster received 3 hours additional pay at the rate of time and one half for this emergency call-in. The union argued that Webster should have received 3 hours pay at the double-time rate since he was working additional hours on a holiday.

Questions for Students

1. If you were an arbitrator in this case how would you rule? Is Webster entitled to the double-time rate? Why or why not?

2. What specific language would you add to this provision of the contract in order to avoid such misunderstandings in the future?