Labor Relations Fundamentals for Community College Districts

D.C. (seventh edition, 2012). The material is based on a survey of a number of cases and should be considered a guide, not an authoritative statement of how a particular arbitrator or other trier of fact will judge a particular case.

Consider these principles when preparing proposals and contract language.

A. T HE C RITERIA

1. I NTENT OF THE P ARTIES The basic consideration for the arbitrator is what the parties intended the language in question to mean. The other criteria listed below provide guidance that helps the arbitrator determine such intent. 2. C LARITY OF THE L ANGUAGE Language which the arbitrator finds to be “clear and unambiguous” will generally be taken at face value, that is, as sufficient indication of what the parties wanted the language to mean.

3. S PECIFIC V ERSUS G ENERAL L ANGUAGE

Where agreement language is specific in some respects, it will normally be held to supersede another more general clause.

Example: One article of an agreement states that “the workweek consists of five, eight hour days (i.e. 40 hour work week).” Another clause states that the “district has established a 9/80 work schedule during the summer for custodians which will result in an extra day off every other week.” How would you expect an arbitrator to rule on a case in which the district wanted to keep all employees working five days/week for the entire year?

4. A GREEMENT TO B E C ONSTRUED AS A W HOLE

Arbitrators normally will hold that all parts of the contract have some meaning, or the parties would not have included them in the agreement.

Example: A clause on distribution of overtime states, “Overtime will be distributed equitably among employees qualified to do the work.” It also specifies, “The distribution of overtime will not be used to either reward or punish employees.” The Agreement’s “management’s rights” clause reserves to management the right to “assign work” and “maintain efficiency.” Could management use its management’s rights clause to justify denying an employee who is consistently tardy or absent a Saturday overtime assignment? Would an arbitrator be less likely to

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 47