Arbitrator Agrees Steelworkers Have Right to Enforce Overtime Provision Against MWRA

Attorney Al Gordon O'Connell persuaded a neutral arbitrator to allow United Steel Workers, Local 9360 to require that the Massachusetts Water Resources Authority distribute overtime in a fair and equitable manner.

Employers, especially in the public sector, often try to avoid obligations under a collective bargaining agreement by arguing that an arbitrator has no authority to hear a union's claim, or grievance, against the employer. Here, the Union challenged the distribution of overtime created by vacancies of a computer operator position. The Employer claimed state law and a settlement agreement made its overtime decisions immune from challenge.

After argument by Attorney O'Connell, a neutral arbitrator rejected the Employer's defense and held that a hearing on the merits of the Union's grievance could proceed.