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33 Case W. Res. L. Rev. 380 (1982-1983)
Resolving Holiday Pay Disputes in Labor Arbitration

handle is hein.journals/cwrlrv33 and id is 390 raw text is: Resolving Holiday Pay Disputes In Labor Arbitration Roger I. Abrams** Dennis R. Nolan*** Originally, houry employees were paid only for time actually worked, reducing their paychecks when management shut down operations during holidays. Today paid holidays are a sign4qcant part of the compensation package and are generally assured under collective bargaining contracts. Disputes over the interpretation of holiday pay provisions comprise a signicant portion of the arbitrator's caseload This Article examines a series of recurring holidaypay issues and the body of arbi- tration opinions which treat them, and sets out decisional principles to guide in their resolution. The Article also suggests waysfor the parties to avoid holiday pay con- troversies when negotiating collective agreements. INTRODUCTION COLLECTIVE BARGAINING and labor arbitration form the foundation of national labor policy.' Negotiations between management and its employees' chosen representative produce collective bargaining agreements which order the workplace, set- ting forth the terms and conditions of employment.2 Contractual disputes arise during terms of those agreements, and the industrial partners universally have adopted arbitration as the most efficient mechanism for resolving those controversies.3 On a case-by-case basis over the past half century, labor arbi- trators have created a body of principles for resolving the disputes * © 1983 by Roger I. Abrams and Dennis R. Nolan. ** Professor of Law, Case Western Reserve School of Law. B.A., Cornell University (1967); J.D., Harvard University (1970). *** Professor of Law, University of South Carolina School of Law. B.A., Georgetown University (1967); J.D., Harvard University (1970); M.A., University of Wisconsin- Milwaukee (1974). This Article is part of a forthcoming book to be published by West Publishing Company under the title AMERICAN LABOR ARBITRATION. 1. See United Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 578 (1960); Labor-Management Relations Act § 203(d), 29 U.S.C. § 173(d) (1976). 2. See Labor-Management Relations Act §§ 8(a)(5), 8(b)(3), 29 U.S.C. §§ 158(a)(5), (b)(3) (1976). 3. In its survey of major collective bargaining agreements, the Bureau of National Affairs reported in 1983 that 97% of its sample contained an arbitration provision. 2 COL- LECTIVE BARGAINING: NEGOTIATIONS AND CONTRACTS (BNA) 51:5 (1983). See generally Nolan & Abrams, American Labor Arbitration: The Early Years, 35 U. FLA. L. REV. 373 (1983).

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