Case: Labor Arbitration/Policy Implementation (Arb.)

Lubrizol Advanced Materials, Inc. didn’t violate the CBA when it implemented and occasionally revised a return-to-work policy and a fit-for-duty policy, Arbitrator Richard Van Kalker held. Article XVI of the CBA gave Lubrizol the right to implement policies to select and direct employees and to evaluate their performance. Bargaining was proper because the union was kept abreast of the implementation, but forwent input regarding policy revisions. The grievance was untimely because it was filed after the grievant (who suffered a leg fracture) completed two physical demands tests before returning to work, rather than being filed when the policies were implemented, ...