Case: Labor Arbitration/Temporary Reassignment (Arb.)

Arbitrator Matthew M. Franckiewicz ruled that Pennsylvania State University violated the collective bargaining agreement when it temporarily transferred Grade 9 Deli Workers from West Wing to Grade 8 Cook B positions at State Chicken without paying them the cook position’s higher rate. The arbitrator rejected the University’s claim that the grievance isn’t arbitrable because the union’s assertion that some of the workers are being temporarily assigned by the University to prepare and cook chicken—duties they don’t normally perform—isn’t governed by Sections 8.3 of the CBA nor Section 3 of a 2024 side agreement, and acknowledged that the grievance only pertains ...