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Jan 17

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Park at Lark Arbitration

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Dear Brother’s and Sister’s
Today was the day we have all anticipated for a long time. Arbitration took place today on compensation for the mandatory shuttle provided by Lewis Stages implemented by Kennecott a year ago. We all know it increased our work day by a half hour or more. The arbitration was scheduled to take two days but we all worked late into the evening to get it done today. I want to thank the Witnesses we summoned for today’s hearing. They all did a great job. The facts we presented were true and to the point. The Company stated their facts and used a lot of exhibits and a long list of Witnesses. We made a hard argument that the minute you step onto a bus, you are now under Company jurisdiction and have to adhere to Company policy and act accordingly. Their statements argued that we were not in a work environment and that the employees could do as they pleased, the only requirement was that we comply with safety. Times were also a big argument, we presented badge times before and after the mandatory shuttle took effect. We presented evidence that clearly showed times increased by 15 minutes or more versus driving through the Guard gate and then driving yourself to 6190. And if you missed the shuttle when you got to the Lark lot, you could add another 10 minutes on top of that. With straight faces, the Companies Witnesses said the travel times were only increased by 5 minutes and on some occasions 10 minutes. Several other arguments came into play and I believe that the above mentioned along with the Company changing the work station without bargaining, we clearly presented an overwhelming and convincing case.
Now the Jury is out and in this particular case it is in the Arbitrator’s hands. We should hear a decision in 45 days and at that time appeals and or a resolution is presented and agreed upon. I want to thank Jolsna John, our representing Counsel provided by the Operating Engineers  Local 3 out of Alameda California. She did a great job. Also an extended thanks to the Machinists Local, the IBEW Local along with Operating Engineers Local 3 and all of you who are a part of the United Steel Worker’s Local 392. Together we can get it done. We will notify you when we get the results.
Sincerely,
Frank R. Lucero
Vice President Local USW 392

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