3rd Circ. Questions Merck Workers’ Arbitration Award in Pay Line

By Jeannie O’Sullivan (Jan. 10, 2022, 7:55 p.m. EST) – The Third Circuit examined a union’s proposal on Monday to reinstate an arbitration award in favor of a Merck & Co. Inc. employee asking for wages higher for attending a working anniversary lunch, suggesting the arbitrator stretched the terms of the collective agreement.

In oral argument, a three-judge panel questioned the United Steelworkers ‘argument that the arbitrator’s award of four hours’ pay to the employee was based on a “rational interpretation” of the law. collective agreement in question. The appeals court focused on a “zipper clause” which Merck said extinguished the conditions in place before …

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