After a two year battle, Local 3 won a substantial victory
at our RockTenn corrugated plant in Wakefield, MA when an arbitrator struck
down the company’s another unilateral implementation of a discipline policy
without bargaining with the Union. Unfortunately
for the members at RockTenn, which purchased the former Smurfit-Stone plant in
2011, this action continues a pattern of behavior at the facility.
Boston Herald Photo-Christopher Evans |
In 2008, the Union won a similar case when an arbitrator
ruled that management did not have just cause to suspend a member for violation
of a unilaterally implemented Lock-Out/Tag-Out Policy. In December of 2010, the Union was able to
restore holiday pay for employees who were denied their Christmas and Christmas
Eve holiday pay because they were unable to make it to work the following Monday
as a result of a severe snow storm. You can read local news coverage of that incident
here.
The most recent case began in March of 2011 when management unilaterally implemented
changes to their attendance policy to include an employee’s failure to swipe in
or out to the disciplinary process of the policy. Repeated demands from Local 3 to bargain over the implemented policy and to cease its enforcement were
ignored by management. As a result, in
April of 2011, Local 3 filed Unfair Labor Practice charges at the National Labor Relations Board (NLRB). In July of
2011, the NLRB deferred the charge to the grievance and arbitration procedure. Despite
management’s tactics to delay and stall, following two grievance meetings and
two days of hearing at arbitration, in May of 2013, the arbitrator ruled that
RockTenn had, in fact, violated its duty to bargain. In his award, the arbitrator wrote:
“The decision therefore orders the Employer to strike the unilaterally promulgated rule and to order the Employer to remove all in the employees’ record for the Attendance and Punctuality program and adjust each employees step in the attendance policy progression accordingly.”
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