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    Arbitration Award Summaries

    Brief overviews of arbitration awards submitted to the Bureau.
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    BMS Case No. 25PA0176
    State of MN, DOC & AFSCME 5   
     
    Arbitrator Joseph L. Daly             
     
    Issue: Class Action Overtime Past Practice            
     
    Class Action grievance filed claiming ER changed the past practice of how errors in overtime distribution were addressed (paid for hours missed). ER argued no past practice established, several methods used to resolve errors, and previous grievance settlements were non precedent setting. ER efforts to negotiate a uniform fix (guarantee of future OT shift of choice) through bargaining does not imply a past practice.           
     
    Grievance Denied. Union did not prove a uniform past practice to resolving employer errors in incorrect overtime distribution. There has not been a mutually accepted uniform remedy, and a number of settlements have written into them that are “non-precedential.”
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