Kemps, LLC & Teamsters Local 471          

Arbitrator Joseph L. Daly             

Issue: Route Relocation & Past Practice  

Grievance filed after company abolished specific delivery route (covered at various times by union driver) and relocated route to a depot and driver not covered by the CBA. ER raised question of timeliness and arbitrability in post-hearing briefs, but not considered.            

Grievance Denied            Management Rights clause gives authority to the Employer to revise job duties, assign and delegate work, maintain and improve efficiency, schedule work, and change, modify or discontinue existing methods of service. Union did not establish evidence of a clear past practice due to several prior changes to the route.

"> Kemps, LLC & Teamsters Local 471          

Arbitrator Joseph L. Daly             

Issue: Route Relocation & Past Practice  

Grievance filed after company abolished specific delivery route (covered at various times by union driver) and relocated route to a depot and driver not covered by the CBA. ER raised question of timeliness and arbitrability in post-hearing briefs, but not considered.            

Grievance Denied            Management Rights clause gives authority to the Employer to revise job duties, assign and delegate work, maintain and improve efficiency, schedule work, and change, modify or discontinue existing methods of service. Union did not establish evidence of a clear past practice due to several prior changes to the route.

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Arbitration Award Summaries

Brief overviews of arbitration awards submitted to the Bureau.
FMCS Case No. 251125-01510 - Kemps

Kemps, LLC & Teamsters Local 471          

Arbitrator Joseph L. Daly             

Issue: Route Relocation & Past Practice  

Grievance filed after company abolished specific delivery route (covered at various times by union driver) and relocated route to a depot and driver not covered by the CBA. ER raised question of timeliness and arbitrability in post-hearing briefs, but not considered.            

Grievance Denied            Management Rights clause gives authority to the Employer to revise job duties, assign and delegate work, maintain and improve efficiency, schedule work, and change, modify or discontinue existing methods of service. Union did not establish evidence of a clear past practice due to several prior changes to the route.

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