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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.
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-
Nolan & Abrams, American Labor Arbitration: The Early Years, 35 U. FLA. L. REV. 373

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