Case: Labor Arbitration/Overtime Distribution (Arb.)

Arbitrator Thomas J. Nowel ruled that INEOS Pigments USA, Inc. violated Article 13.4(b) of the CBA when it bypassed the grievant twice in 2023 in distributing overtime, and only compensated him for the second instance of being bypassed, even though INEOS Pigments claimed that a past practice existed with a bargaining unit of one of its two plants that permits payment of only the second bypass during a one-year period. The arbitrator held that the grievant was entitled to be made whole for the total overtime he missed—based on clear, specific language of a new, post-strike labor contract that covered ...