Case: Labor Arbitration/Work Schedules (Arb.)

Arbitrator Richard Van Kalker ruled that Flint Hills Resources didn’t violate its CBA when it unilaterally implemented for 56 days during the start of the Covid-19 pandemic a 14-day on and 14-day off work schedule, thereby displacing the CBA’s 12-hour rotating schedule that had been typically worked. He held that this action—intended to, among other things, limit cross contamination between shifts—was authorized under the contract’s management rights article which specifically includes the “assignment of work…determining the workload [and] changing reasonable rules, regulations, and practices.” The CBA’s “hours” article likewise provided for the assignment to work schedule per the CBA “except ...