![]() ![]() The current dispute arose from the establishment of new exempt editorial positions in the 19 collective bargaining agreements. Once the Beacon Journal posted the slots, employees would sign up in order of seniority. Additionally, the Beacon Journal would not schedule any vacation slots for election weeks, because of press demands. ![]() The Beacon Journal typically would create three vacation slots for every week of the year except Thanksgiving, Christmas, and New Year's, when only two slots were available. At the beginning of the year, the Beacon Journal would send around a memorandum designating the times that members of the Union could sign up for vacations. Since 1972, the Beacon Journal has handled the vacation process in the same manner. However, it is understood that preference as to choice of time shall be given to employees in the order of seniority by desk or department.1 The current arbitration arose under Article XIII, section 3 of the Collective Bargaining Agreement, which provides:ĮMPLOYER may exercise the right to assign vacations. Article VII of the collective bargaining agreement provides for arbitration of all unresolved grievances involving the “interpretation, application, administration or alleged violation” of the labor contract. This collective bargaining agreement is the most recent labor contract in a labor-management relationship that extends back to at least 1972. On July 23, 1993, the Beacon Journal and the Union entered into a collective bargaining agreement. These non-supervisory employees include reporters, copy editors, photographers, library assistants, secretaries, and maintenance personnel. The Union is the bargaining representative for all non-supervisory employees in the Beacon Journal's editorial department, which contains approximately 150 people. The Beacon Journal publishes a daily newspaper in Akron, Ohio. For the following reasons, we reverse the district court's grant of summary judgment and vacate the arbitrator's award. The Beacon Journal asserts that the award ignores the express terms of the parties' collective bargaining agreement and that the arbitrator unreasonably created new conditions not provided for in the agreement. In granting the motion, the district court enforced an arbitration award favorable to the Union. Plaintiff Beacon Journal Publishing Company (“the Beacon Journal”) appeals the district court order granting Defendant Akron Newspaper Guild Local Number 7's (“the Union”) motion for summary judgment. Paul (argued and briefed), Chattman, Sutula, Friedlander & Paul, Cleveland, OH, for Defendant-Appellee. Michaels (briefed), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for Plaintiff-Appellant. Decided: June 05, 1997īefore: JONES, SUHRHEINRICH, and SILER, Circuit Judges. The AKRON NEWSPAPER GUILD, LOCAL NUMBER 7, Defendant-Appellee. The BEACON JOURNAL PUBLISHING COMPANY, Plaintiff-Appellant, v. United States Court of Appeals,Sixth Circuit. ![]()
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