Arbitrator Finds Employer Did Not Violate CBA
Whether or not the employer violated a collective bargaining agreement when it hired outside contractors to install electrical and plumbing systems on a new line was the question involved in this matter. The employer, whom Eastman & Smith represented, contended that it exercised its right to subcontract non-union work. This was included in the collective bargaining agreement (CBA). However, the union believed the work performed by the subcontractors could have been done by the workers.
In reviewing the CBA, the arbitrator found there to be a lengthy clause detailing when work could be subcontracted. According to the language in this clause, the arbitrator found the employer had not violated the CBA nor was there any evidence to suggest a history of union workers performing installations on a new line.
This decision illustrates the importance of defensible language in contracts. Should you have any questions about this decision, please contact one of our Labor & Employment attorneys.