BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
WISCONSIN TRANSPORTATION EMPLOYERS
BRICKLAYERS ALLIED CRAFT WORKERS
DISTRICT COUNCIL OF WISCONSIN
THE OPERATIVE PLASTERERS' AND CEMENT
INTERNATIONAL ASSOCIATION OF LOCAL UNIONS
Mr. Jack Walker, Attorney, for the Employers
Ms. Sarah E. Siskind and Ms. Elizabeth
Eberle, Attorneys, for the Bricklayers.
Mr. Richard Saks, Attorney, for the Plasterers.
The Wisconsin Transportation Employers Council, the Bricklayers Allied Craft
District Council of Wisconsin and the Operative Plasterers' and Cement Masons'
Association of Local Unions of Wisconsin jointly requested that the Wisconsin Employment
Commission assign me to arbitrate a dispute arising under the parties' 2001-2006 contract.
Hearings were held in Madison, Wisconsin on August 29, September 7
and September 26,
2001. The parties agreed that the stenographic transcript of the hearings was the official
Expedited briefs were filed by October 10, 2001 and I agreed to issue an expedited
Under the 2001-2006 contract, to which union should working dues and
education funds be paid when an employee is working outside his home area?
Under the 2001-2006 contract, how are IMI payments to be made?
The essential facts of this case are not in dispute.
1. Under the predecessor to the 2001-2006 contract, working dues and
apprenticeship/education funds were paid to the union that had geographic jurisdiction over
in which the work was performed.
2. During the negotiations over the 2001-2006 contract, the Plasterers (the OP)
that working dues and apprenticeship/education funds be paid to the union to which the
belonged without regard to where the work was performed. The Bricklayers (BAC) resisted
proposal and Employers Council advised the OP and the BAC that this issue was one for the
to resolve between them.
3. On November 27, 2000, a tentative agreement was reached on a 2001-2006
The tentative agreement did not include the contract change regarding payment of working
apprenticeship/education funds sought by the OP. The tentative agreement was ratified by
BAC, and the Employers Council. The tentative agreement did limit payment of IMI funds
B work hours.
4. When the OP prepared an initial draft of the ratified agreement for review by
the OP included a change in Schedule B that the OP believed would give it the working dues
apprenticeship/education change it had unsuccessfully sought. The BAC did not notice the
change and the printed 2001-2006 contract includes the Schedule B change.
I conclude that the parties are bound by the terms of the ratified tentative agreement.
that agreement did not include the working dues and apprenticeship/education funds change
by the OP, the 2001-2006 contract requires that working dues and apprenticeship/education
continue to be paid to the union that historically had geographic jurisdiction over the area in
the work is performed.
In reaching this conclusion, I acknowledge the OP contention that the
issue continued to be "in dispute" because, although the tentative agreement did not include
change OP sought, the OP continued to seek the change. However, in the final analysis, this
contention only reflects the reality that a party can always unilaterally continue to pursue a
change it failed to acquire. Particularly where, as here, the tentative agreement was ratified
any reserved contingency of continued pursuit of an issue, the trilateral intent of the tentative
agreement is determinative. Put another way, when the tentative agreement was reached, the
did not agree that they would continue to bargain over the dues/apprenticeship issue. Thus,
continuing pursuit of change is of no analytical consequence when determining the content of
2001-2006 agreement. That content is established by the agreement the parties ratified and
ratified agreement did not include the change OP sought.
Therefore, under the 2001-2006 contract, working dues and apprenticeship/education
shall be paid to the union that historically had geographic jurisdiction over the area in which
is performed. Under the 2001-2006 contract, IMI payments shall be made for all hours
Dated at Madison, Wisconsin this 19th day of October, 2001.