Woodworkers Lodge 246 represents Weyerhaeuser Timber employees in the Springfield and Cottage Grove areas. Prior to 2000 these were two distinct timber areas and distinct crews of Company employees worked those areas. At that time, the Company proposed to consolidate the two areas into a single unit with the primary camp being located at the Springfield site. The union agreed, but specified there would be no change in the union members' rights to log the timber in the Cottage Grove area. Over the years, the Company ceased using its employees to log the Cottage Grove area and instead used contractors. However, the Company still met its contractual production obligations and thus there was no contract breach at the time. However, the contract also provided for simultaneous furlough of contractor and Company employees so that the Company could not use contractors in a timber area if Company employees were in a layoff status. In 2009, the Company furloughed Springfield employees but continued to work contractors in the Cottage Grove area. A grievance was filed. The Company responded that the Cottage Grove woods were no longer included in the Springfield area. Arbitrator Thomas Levak held that the although there had been no logging by Company employees in the Cottage Grove area for many years, the parties never bargained to change the original consolidation agreement. As a result, the Company violated the contract by laying off Company employees while continuing to work contractors in the Cottage Grove woods.
BHMK Attorney Tom Doyle represented the union in this successful arbitration.
0 comments:
Post a Comment