BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
LOCAL 7815, UNITED PAPERWORKERS
INTERNATIONAL UNION, AFL-CIO,
Mr. Donald O. Schaeuble, International Representative, United
Union, appearing on behalf of the Union.
Foley & Lardner, Attorneys at Law, by Mr. George D.
Cunningham, appearing on behalf of
Local 7815, United Paperworkers International Union, AFL-CIO, CLC, herein the
requested the Wisconsin Employment Relations Commission to designate a member of its
an arbitrator to hear and to decide a dispute between the parties. FWD Corporation, herein
Company, concurred with said request and the undersigned was designated as the arbitrator.
parties stipulated to waive the contractual Arbitration Board and to have the undersigned be
sole arbitrator. Hearing was held in Clintonville, Wisconsin, on August 7, 1997. A
transcript of the hearing was not made. The parties completed the filing of post-hearing
September 11, 1997.
Did the Company violate the temporary transfer provisions of
the contract when it assigned
dash buildup work to an employe classified as a utility assembler-cab, job classification no.
and did not fill out a temporary transfer form moving the employe to job classification no.
The Company manufactures fire trucks. The work at issue herein involved the
subassembly of switches and other components of the dashboard, which process the Company
the employes refer to as "buildup." In February of 1997, the Company was falling behind
schedule on a large order of trucks for the City of New York. The Cab Department
Bob Ellenson, reassigned some dash subassembly work from an electrician, who was
as Wiring, Piper Truck Job #2456, to Harry Schmidt, who held the classification of Utility
Assembler-Cab, Job #1725. The electrician continued to perform the wiring of the dash into
POSITIONS OF THE
The Union argues that the Company violated the contract by not temporarily
an employe in the 1725 job when the employe was assigned to perform work which belongs
2456 job. During the negotiations which culminated in the current contract, the parties
language which was intended both to allow the Company added flexibility in moving
and in reassigning work and to develop a temporary transfer procedure. In the past,
given temporary transfers to employes when they are transferred to the wire bench to do
belonging to job 2456.
The Company contends that the buildup work was properly assigned to the utility
and was not a temporary transfer. The job description for the position of utility
includes dash buildup work. There are no references to work stations or regular assignments
the contractual language. By design and definition, utility jobs are intended to handle
tasks, rather than being one machine/one task jobs. Further, the dashes worked on by
were changed, since they arrived at assembly with all the openings for switches and other
components already cut out. Previously, the electrician/wiring employe would have to cut
openings in the dash for the switches and other components. Since the dash buildup work
within the duties to which a 1725 could be assigned, a temporary transfer was not required.
PROMOTIONS, DEMOTIONS AND
. . .
(52) Employees in any department may be temporarily
transferred to any other department
out of line of seniority, but the transfer of any employee in this manner shall not exceed five
workdays during a 90-day period. . . .
(52) (a) Employees may be temporarily transferred within their
department and job
classification without regard to seniority, but the transfer of any employee in this manner
exceed five (5) workdays during a 90-day period. . . .
(52) (b) Employees may be temporarily transferred within their
department but to a
different job classification without regard to seniority but the transfer of any employee in this
manner shall not exceed 5 workdays during a 90-day period, . . .
(52) (c) Any time there is a transfer in accordance with
paragraphs (52), (52)(a), or
(52)(b), there shall be a temporary transfer form filled out with a copy provided to the union
a copy provided to the employee.
. . .
The job description for job 1725, the Utility Assembler-Cab, specifically lists among
job's duties the following phrase: "installation of all buildups and parts to include dashes..."
contested dash buildup work assigned to Schmidt falls within said language. Schmidt did not
the dashes into the cab, as does the employe in job 2456. Therefore, the performance of the
buildup work by Schmidt did not violate the contract. Neither was it necessary for the
to complete a temporary transfer form moving Schmidt from job 1725 to job 2456 when he
performed the dash buildup duties, since the work was within the scope of the job description
Neither party included in their brief a statement of the issues which they believed
be decided by the undersigned, as the undersigned requested at the hearing. Therefore, I am
retaining jurisdiction of this case for thirty (30) calendar days during which time either
submit a statement of the issues which it believed should have been decided by the arbitrator.
Based on the foregoing, the undersigned enters the following
That the Company did not violate the contract by failing to complete a temporary
form when it assigned Schmidt to perform dash buildup work; that the work performed by
Schmidt was within the duties which can be assigned to an employe in job 1725; and, that
undersigned will retain jurisdiction of the case for thirty (30) calendar days from the date of
award for the sole reason set forth above.
Dated at Madison, Wisconsin, this 3rd day of December, 1997.
Douglas V. Knudson /s/
Douglas V. Knudson, Arbitrator