Extraordinary Remedy Denied by Arbitrator
A public sector client admitted that it violated the on-call provision contained in its collective bargaining agreement with the Teamsters, paid the employee the on-call pay it owed her, and ended the assignment when the union objected. Nevertheless, the union demanded payment of overtime as an extraordinary remedy and penalty for the violation. The client refused and the matter proceeded to arbitration with Arbitrator Katie Whalen. Mark Busto represented the client at arbitration; Brian Flock assisted with the post-hearing brief. Arbitrator Whalen found that the client complied with the express terms of the agreement and refused to modify the parties’ bargain and require the payment of overtime.