Jazz Technical Services: Time Stamping Mediation/Arbitration

On Monday February 16, 2009 a Formal Mediation/Arbitration process was conducted with regards to the "Time Stamping" or "Swiping in and out of individual Tasks". As you are aware this issue had been brought before Arbitrator Tepiltsky on December 3rd 2008 but in the Expedited Arbitration process. After the December 3rd hearing was concluded it became evident that the Union and Management had two very different interpretations of the outcome. Furthermore, Mr. Tepliksky was of the opinion that the two parties had in fact arrived at a "Settlement" as was his written submission. After much correspondence between the Union, Management and Mr. Teplitsky, it was agreed that the issue be heard February 16th in the Formal Mediation/Arbitration forum.

February 16th began with Mr. Teplitsky "Mediating" the issue and trying to find a solution satisfying to both parties. The Union argued that the "Letters" from Management dated March 9, 2006 were in fact binding and the content of which must be adhered too with respect to "Negotiating" with the Union if the "Trax" system should be used for "Other Reasons". Mr. Teplitsky introduced "Case Law" or Jurisprudence on the exact issue that suggested some ambiguity that could be construed from the "Letters". Furthermore Mr. Teplitsky explained that he had arbitrated two similar cases with different employers where he ultimately could not restrict the employers right to monitor its production for the purpose of planning, scheduling, costing etc. Furthermore Mr.Teplitsky explained that unlike our situation with regards to having the "Letters," the other employers had the right to discipline based on the information gathered by use of such a system.

Therefore Mr. Teplisky gauranteed that he would completely remove the Company’s ability to discipline whether Directly or Indirectly based on any and all information derived from the "Trax" system. Also he would remain “Seized” of the issue should Management attempt to do so. The Union continued to argue that it’s Membership could no longer trust or believe anything Management gave its commitment too even in writing but Mr. Teplisky insisted the Membership had not been directly "Harmed".

Further attempts by the Union to argue that this practice of "Swiping in and out of individual Tasks" would in fact further hinder production was dismissed by Mr. Teplisky as the Managements Rights to "Mismanage". Therefore an agreement was reached between the Union and Management based on Mr. Teplitsky’s order regarding Management not having any ability to discipline based on information gathered by the "Trax" system. The Teplisky award will be available via the Local 2002 website as soon as it is available.