Victory: Michael McGuire Wins Arbitration
J. Michael McGuire won an arbitration in which the union argued that the employer’s decision to contract out work constituted either a constructive layoff or an impermissible permanent filling of bargaining unit vacancies in violation of the collective bargaining agreement. The arbitrator found that, because the employer went to great lengths to maximize the use of its own employees but could not meet its overtime needs, it could reasonably exercise its right under the CBA to hire contractors.