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49th hour Arbitration

An arbitration hearing was conducted in Denver, CO on September 23-24, 2015. The issue before the arbitrator was:

Did the Employer violate Section 4.5 of the 2012 Collective Bargaining Agreement in how it compensated employees at the premium rate for each overtime hour worked after working 49 hours in a calendar week? If so, what is the appropriate remedy?

The Union prevailed in this arbitration. The Arbitrator found that the Employer violated Section 4.5 of the 2012 collective bargaining agreement by failing to pay employees at the appropriate premium rate for each overtime hour worked, after working forty-nine (49) hours through fifty-five (55) hours in a calendar week.

Award:

The Employer is directed to review and recalculate all bargaining unit employees wage statements, wherein employees worked more than forty-hours from the date of the first grievance that ultimately became this regional grievance to the present.