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USW Local 1900 and Allor MFG 4-9-90
USW Local 1900 and Allor MFG 4-9-90
and
April 9, 1990
night shift at Allor Manufacturing Inc. ("Company"), reported for work on the day
shift, with the tacit approval of Art Loveland, the general foreman. The shift change
was made at the recommendation of Grievant's physician, who was treating him for
substance abuse. However, the very next day, Grievant was told to report back to the
night shift, as a result of a directive from Jim Newbold, the Company's secretary-
treasurer.
Grievant then filed a grievance through his union, Local 1900 of the United
Agreement between the Company and the Union, effective January 16, 1989 -
January 15, 1991 ("CBA"). A hearing was held February 2, 1990, at the Holiday Inn
shift changes. The Company produced a large box of personnel records, which it
meet after the hearing and go over the personnel records to verify the information in
CX 1, which they did on February 15, 1990. However, in their briefs postmarked by
February 23, 1990, the parties took rather different views of CX 1, as revised.
Because of the importance of this exhibit, the arbitrator, by letter dated February 27,
1990, requested the parties to prepare a single exhibit upon which they could agree.
This they did, and the arbitrator has received CX 1 as revised 4/3/90 and accepted in
writing by both parties. The matter is, therefore, ready for decision.
The Union contends that there is a past practice under which employees are
permitted to change shifts in accordance with their personal needs, the Union claims
that employees have been allowed to change shifts for such reasons as substance
softball schedules.
unclassified, entry level jobs in assembly and secondary operations. Classified jobs
are defined in Article XXII of the CBA, at 22-23. The Company contends that
provides:
The Company asserts that this provision was inserted into the CBA to prevent
the authorities are agreed that the evidence establishing or defining a practice must be
clear, unequivocal, and mutually accepted by the parties. Elkouri & Elkouri, How
Arbitration Works (3rd Ed), at 22-24. In the matter before me, the evidence does not
At the hearing, the Union presented UX 5, a list of employees who the Union
claimed were permitted to change shifts. In its brief at 2, the Union backed away
from UX 5 somewhat, so that the arbitrator is left with CX 1 as the only mutually
revised, is quite incomplete, because job classifications are not specified for all of the
employees named. Inasmuch as the Union accepted CX 1 after it had received a copy
of the Company's brief in which the Company clearly articulated its version of the
Only twelve (12) employees are claimed to have changed shifts pursuant to
Cleary. Of these twelve, there is evidence that at most three (3), Robert Flournoy, R.
The parties seem agreed that Robert Flournoy changed shifts outside of normal
channels. He was a boring mill operator on nights, who wanted to spend more time
with his family. To do so, Robert Flournoy took a lesser paying job as a drill press
operator on the day shift, August 1, 1988. Thus, his transfer definitely was contrary to
the terms of the CBA, Article VII, §8(d), and so supports the Union's position.
The parties further agree that on June 5, 1989, M. Quinn, the night welding
leader, became the day welding leader, when Roland Morency, the prior day leader,
transferred to an office job. M. Quinn's move, on its face, appears consistent with the
night shift, transferred to days as a Hi-Lo operator in the secondary department. Since
he went from unclassified to classified, his shift change was consistent with Article
Of the remaining nine (9) shift changes, all nine are consistent with the
Company's position that shift changes are permitted within unclassified positions, so
long as there is a new hire or probationary employee to replace the transferee. Thus,
days on September 17, 1984, because D. Horton and R. McPherson had been hired
on September 6, 1984. The fact that the transfer occurred shortly after D.
transfer from nights to days on February 3, 1988, because Alan Hawkins had been
hired on December 1, 1987, and was completing his probationary period. Bliven Jr.
transferred from nights to days on September 8, 1987, to be with his family, but only
after John Boyden had been hired on August 10, 1987. On February 29, 1988, Rick
Flournoy switched from nights to days, to be with his family, but only because Craig
Thomas, who had been hired December 3, 1987, was coming off probation.
In general, the evidence of a practice along the lines that the Union asserts was
unequivocal and mutually accepted, any grievance over past practice must be denied.
There is a practice, but it heretofore (with minor exception) has been limited to
unclassified positions. For all the foregoing reasons, the grievance is DENIED.