CASE 1

(Chapter 9 from Labor Relations: Striking a Balance 6th edition should be used)

QUESTIONS

1. Assume the role of director of human resources for Journey Cafeteria Services. How would you present your case that Tom Hopkins is not entitled to his holiday pay for Labor Day?

2. As a business agent for Local 529, how would you argue that Tom Hopkins is due his holiday pay?

3. As an arbitrator, how would you rule? Why?

Tom Hopkins was a truck driver for Journey Cafeteria Services. He was part of a bargaining unit represented by United Food and Commercial Workers Local 529. Hopkins's normal workweek consisted of four 10-hour workdays, Tuesday through Friday. The Labor Day holiday fell on a Monday, and as was past practice, employees who were normally not scheduled to work Monday observed the holiday on Tuesday.

Thus Hopkins's Labor Day holiday was actually scheduled for Tuesday. At 11:00 P.M. on Tuesday night Hopkins called the company and informed the clerk on duty that he was not coming to work on the following day because he was taking a personal leave day. Hopkins did not receive permission from his shift manager or any supervisor to take Wednesday as a personal leave day. However, as established by past practice, the company did not refuse a personal leave day if the leave was requested an hour and a half or more before a worker's schedule shift starting time.

In sum, Labor Day was on a Monday, but Hopkins was not scheduled to work Mondays so his Labor Day holiday was on Tuesday. Hopkins then took a personal leave day on Wednesday. The company subsequently refused to pay Hopkins for his holiday (Tuesday), claiming that he did not fulfill the requirements of the collective bargaining agreement.

The union filed a grievance requesting that Hopkins be paid his holiday pay because he fulfilled the requirement for holiday pay computation set forth in the collective bargaining agreement.

POTENTIALLY RELEVANT CONTRACT PROVISIONS

Article 7: Holidays

Section 7.03. Holiday pay allowances will be given subject to the following terms and conditions:

...

(B) The employee shall have worked his full scheduled work day immediately before and immediately after the holiday except for proven sickness or injury. The shift manager may offer to waive this rule in advance of the holiday, and acceptance thereof by an employee or employees shall be on a seniority basis.

Article 23: Leaves of Absence

Section 23.06. Each present employee will be entitled to four (4) days of personal leave per contract year. Said personal leave will be noncumulative, and said personal days will be paid if not used.