Mark J. Swerdlin Wins Arbitration Case

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Mark Swerdlin successfully defended a major food manufacturer that had subcontracted a project that the Union contended was exclusively bargaining unit work. The arbitrator found the work was a “shared responsibility” that had been performed previously by both bargaining unit and non-bargaining unit employees and therefore the company was within its rights under the collective bargaining agreement’s (CBA) subcontracting language to bring in a contractor. The arbitrator also agreed that past practice supported the company’s position, and that the assigned work did not fall within the CBA’s definition of “temporary labor” that would have disallowed the subcontracting.