Summary

The union protested the assignment of workers outside the job classification, which resulted in changes to posted schedules and lost overtime. Two grievances were filed by the union in this case protesting two separate classifications. Due to repairs needed to large number of barges in the company fleet, welder and millwright classification workers were brought into the marine ways (MW) classification to perform duties normally assigned to MW classification. As a result, posted schedules were changed to accommodate the seniority of the workers outside the MW classification. Additionally, overtime opportunities were lost for the twelve (12) grievants’ in the MW classification. The union argued that in years’ prior, welder and millwrights were never imported to perform repair duties. It was not uncommon to have at least thirty (30) barges awaiting repair due to the company’s inability to stabilize the workload and schedule efficiently. Furthermore, the grievants’ seniority rights were violated by being supplanted by workers outside the classification. The company contended that seniority rights were not violated based on shared work within the home unit. Additionally, the assignment of particular duties to workers on a given job did not give rise to a local working condition. The board determined that the grievants were already working on a basis more than forty (40) hours per week and the demand for barges would make the workload in the MW classification excessive. Furthermore, the repairs needs were long known; and would not be considered an emergency per contract language. Thus, the scheduling changes were found in violation. Award: split- grievance for assigning outside classification denied. Grievance for posted schedule changes sustained. USS-8101-H (Sylvester Garrett, 3/29/71) (Nature of grievance-contract interpretation) (Reason for grievance(s) - Changes to posted schedules, seniority, overtime)

Case 1

USS-8101-H

Publication Date

3-29-1971

Litgant 1

United States Steel Corporation

Subunit 1

Eastern Steel Operations (Clairton Works)

Litgant 2

United Steelworkers of America

Local 1

1557

Grievance 1

HC-70-12

Grievance 1 Date

1-27-1970

Grievance 1 Step

1st

Grievance 2

HC-70-13

Grievance 2 Date

1-27-1970

Grievance 2 Step

1st

Subject

Change in Posted Schedules; Seniority Practice as to Performance of Overtime.

Contract 1

August 1, 1968, Basic Labor Agreement

Contract Provisions Involved

Sections 2-B-3, 10-D-3, 13-B

Keywords

Arbitration, Contract Interpretation, Job Assignment, Posted Schedules, Seniority Rights, Overtime

Award 1

Denied

Award 2

Sustained in part

Disciplines

Dispute Resolution and Arbitration

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