The employer unilaterally changed the exemption policy used to avoid working
overtime. The employer argued that during a shutdown period, where shift
times are different, workers are not permitted to use exemptions to avoid
overtime since the exemptions only apply to 8 hour shifts and not 12 hours
shifts. The employer also argued that the 12 hour shifts become the regular
hours during a shutdown even if they include overtime, therefore exemptions
cannot be used. The union argued that this was a violation of the CBA since
exemptions can be used on any extended shifts as long as they are turned in by
the worker on time. The union also argued that even if there is no overtime on
the day an exemption is used it is still counted against the worker. The
arbitrator ruled that workers can use an exemption on any day that they are
asked to work more than an 8-hour shift.

Award: grievance sustained.