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Arbitration Award Summaries
Brief overviews of arbitration awards submitted to the Bureau.
ISD 624 White Bear Lake Area Schools & IUOE Local 70
Arbitrator Susan J.M. Bauman
Issue: 1. Arbitrability 2. Use of Substitutes
Grievance filed for District using non-union substitute custodians to fill open shifts before offering extra time or overtime to union members. Seeking District to offer any and all time to union members before offering to non-union subs.ER challenged timeliness. Further argued 40 yr past practice of using subs to fill vacant shifts. CBA addresses the assignment of overtime for scheduled overtime shifts.
Deemed Arbitrable Sustained in Part Nothing in CBA infringes on ERs inherent managerial right to utilize subs to fill open shifts. However, contract prohibits subs working more than14 hrs in a week on more than one occasion. If they do, they become members of the bargaining unit and subject to the terms on CBA.
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