Case: Labor Arbitration/Hours of Work (Arb.)

Arbitrator Richard Van Kalker ruled that Material Sciences Corporation didn’t violate its CBA by failing to count the Memorial Day holiday as hours worked for the purpose of scheduling mandatory overtime by 12-hour alternative schedule employees. The agreement allows the company to require that these employees work three consecutive weeks of 12-hour shifts with the next week scheduled on a voluntary basis, and it provides that A and B alternative shift crews “are considered as having” a week of 12-hour shifts if they “work” 12 hours for five or more days. Because they weren’t scheduled to “work” and didn’t “work” ...