MMB Department of Transportation & AFSCME 5            

Arbitrator Jeffrey W. Jacobs        

Issue: Snow Plowing Class Action              

Union claimed ER violated CBA and Supplemental Agreements by adjusting start times under Winter Maintenance Schedule without negotiating, and effectively placed EEs in unpaid On-Call status. ER cites having a WMS (not the specific details) agreed to during supplemental bargaining, past history of prevailing in arbitration over this issue, and has consistently reserved managerial right to set when a WMS is necessary in advance of an anticipated snow or ice event.      

Grievance Denied            The language is clear that the Appointing Authority may establish a system including splitting people into more than one shift and can alter the start of shifts. ER has the right to adjust Winter Maintenance Schedules to meet operational needs due to a winter storm. No violation of contract or Supplemental Agreement occurred.

"> MMB Department of Transportation & AFSCME 5            

Arbitrator Jeffrey W. Jacobs        

Issue: Snow Plowing Class Action              

Union claimed ER violated CBA and Supplemental Agreements by adjusting start times under Winter Maintenance Schedule without negotiating, and effectively placed EEs in unpaid On-Call status. ER cites having a WMS (not the specific details) agreed to during supplemental bargaining, past history of prevailing in arbitration over this issue, and has consistently reserved managerial right to set when a WMS is necessary in advance of an anticipated snow or ice event.      

Grievance Denied            The language is clear that the Appointing Authority may establish a system including splitting people into more than one shift and can alter the start of shifts. ER has the right to adjust Winter Maintenance Schedules to meet operational needs due to a winter storm. No violation of contract or Supplemental Agreement occurred.

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    Arbitration Award Summaries

    Brief overviews of arbitration awards submitted to the Bureau.
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    MMB Department of Transportation & AFSCME 5            

    Arbitrator Jeffrey W. Jacobs        

    Issue: Snow Plowing Class Action              

    Union claimed ER violated CBA and Supplemental Agreements by adjusting start times under Winter Maintenance Schedule without negotiating, and effectively placed EEs in unpaid On-Call status. ER cites having a WMS (not the specific details) agreed to during supplemental bargaining, past history of prevailing in arbitration over this issue, and has consistently reserved managerial right to set when a WMS is necessary in advance of an anticipated snow or ice event.      

    Grievance Denied            The language is clear that the Appointing Authority may establish a system including splitting people into more than one shift and can alter the start of shifts. ER has the right to adjust Winter Maintenance Schedules to meet operational needs due to a winter storm. No violation of contract or Supplemental Agreement occurred.

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