Arbitrator Agrees With Attorney Coles To Enforce Plain, Overtime Language Against Chicopee Schools

It is a basic principle of labor law that plain language in a collective bargaining agreement is the best evidence of the parties' intent. If, and only if that language is unclear or ambiguous does an arbitrator consider bargaining history or past practices.

Here, a collective bargaining agreement between UFCW Local 1459 and Chicopee School Committee required, "All non-school related, revenue producing functions/activities Monday through Friday shall require a Custodian assigned who shall be paid at the rate of time and one-half (1½)." Attorney Terry Coles persuaded a neutral arbitrator that the School Committee violated this language by refusing to assign a custodian to a private, money-making performing arts program at a school. (The School Committee skimped on expenses by forcing existing custodians to cleanup after the event, in addition to their regular work).

The Arbitrator agreed that the language above mandated custodial overtime for ALL revenue-producing events. She rejected claims by the Employer that this plain language did not apply to events administered through the Parks and Recreation Department or the revenue produced was not allocated to the School Committee. She concluded that the School Committee's conduct from October 2014 to present violated the contract. She ordered the School Committee to make employees whole for lost overtime.