POTENTIALLY RELEVANT CONTRACT PROVI- John Arnet was a truck driver for Saga Food Services. He was...

  

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POTENTIALLY RELEVANT CONTRACT PROVI- John Arnet was a truck driver for Saga Food Services. He was part of a tbargaining unit representad by Teamsters Local 444. Amett'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, employ ees who were normally not scheduled to work Monday observed the holiday on Tuesday Thus Arnett's Labor Day holiday was actually scheduled for Tuesday At 11:00 PM on Tuesday night Arnett 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 Arnett did not recelve per- mission from his shift manager or any supervisor to take Wednesday as a personal leave day. However, as estab- lished by past practice, the company did not refuse a per sonal 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 Amett was not scheduled to work Mondays so his Labor Day holiday was on Tuesday. Arnett then took a personal leave day on Wednesday. The company subsequently refused to pay Arnett for his holiday (Tuesday), claiming that he did nat ful- fill the requirements of the collective bargaining agreement The union filed a grievance requesting that Arnett be paid his holiday pay because he fulfilled the requirement for holiday pay computation set forth in the collective bar- gaining ogreement. SIONS Article 7: Holidays Section 703. Holiday pay allowances will be given sub ject to the folowing terms and conditions: (6) 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 man- ager may offer to walve this tule in advance of the holiday. and acceptance thereof by en employee or employees shall be on a seniority basi Article 23. Leaves of Absence Section 23.06. Each present employee will be entitied to four (4) days of personal loave per controct year. Said personal loave will be noncumulative, and said personal days will be paid if not used. QUESTIONS 1 Assume the role of director of human resources for Saga Food Services. How would you present your case that John Arnett is not entitled to his holiday pay for Labor Day? 2. As a business agent for Local 444, how woulid you argue that John Armett is due his holiday pay? 3. As an arbitrator, how would you rule? Why? POTENTIALLY RELEVANT CONTRACT PROVI- John Arnet was a truck driver for Saga Food Services. He was part of a tbargaining unit representad by Teamsters Local 444. Amett'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, employ ees who were normally not scheduled to work Monday observed the holiday on Tuesday Thus Arnett's Labor Day holiday was actually scheduled for Tuesday At 11:00 PM on Tuesday night Arnett 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 Arnett did not recelve per- mission from his shift manager or any supervisor to take Wednesday as a personal leave day. However, as estab- lished by past practice, the company did not refuse a per sonal 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 Amett was not scheduled to work Mondays so his Labor Day holiday was on Tuesday. Arnett then took a personal leave day on Wednesday. The company subsequently refused to pay Arnett for his holiday (Tuesday), claiming that he did nat ful- fill the requirements of the collective bargaining agreement The union filed a grievance requesting that Arnett be paid his holiday pay because he fulfilled the requirement for holiday pay computation set forth in the collective bar- gaining ogreement. SIONS Article 7: Holidays Section 703. Holiday pay allowances will be given sub ject to the folowing terms and conditions: (6) 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 man- ager may offer to walve this tule in advance of the holiday. and acceptance thereof by en employee or employees shall be on a seniority basi Article 23. Leaves of Absence Section 23.06. Each present employee will be entitied to four (4) days of personal loave per controct year. Said personal loave will be noncumulative, and said personal days will be paid if not used. QUESTIONS 1 Assume the role of director of human resources for Saga Food Services. How would you present your case that John Arnett is not entitled to his holiday pay for Labor Day? 2. As a business agent for Local 444, how woulid you argue that John Armett is due his holiday pay? 3. As an arbitrator, how would you rule? Why?

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1 According to compensation provision for leave is based on that employee would be paid for sickness ... View the full answer