The labor agreement stipulates that \"changes in the work schedule\" must be \"m
ID: 1223209 • Letter: T
Question
The labor agreement stipulates that "changes in the work schedule" must be "mutually agreeable to both the company and the union." Gryzmisk, who has refused to work 6 hours of overtime as he was requested to do by his supervisor, is given a 1-day suspension for his action. The union supports Gryzmisk all the way to arbitration on the grounds that the relevant overtime constituted a "change in the work schedule" that it had not approved. The management argues before the arbitrator that the 6 hours in no way could be considered a change that needed union acceptance since it was for a "limited and specified" duration. As the arbitrator in this case, what would you have decided?Explanation / Answer
As per legal provisions an employee can be forced for working overtime. If denied to work overtime then the respected employee can be subject to discipline. Such refusal to work may even lead to termination.
But in this matter the labor agreement mentioned the clause that the changes in the work schedule must be mutually agreeable to both the company and the union. This agreement was mutually signed by both the parties so any changes in the clause means even the slightest of the change in the work schedule. 6 hours even if is a limited and specified duration but had to be mutually agreeable between the company and the labor. Thus the suspension of the labor for a day was an unfair act by the company and as an arbitrator I would order the company to compensate for the suspension against the labor. Since he had complete liberty to deny the changes in the work schedule.
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