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Evans Products Co.

70 Lab. Arb. Rep. 526 (1978)

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Evans Products Co.

Labor Arbitration
70 Lab. Arb. Rep. 526 (1978)

MJ

Facts

An agreement between a union (plaintiff) and Evans Products Company (defendant) prohibited discrimination “on the basis of age.” The agreement also stated that an arbitrator had no authority “to make any decisions on matters not covered by specific provisions of” the agreement. Another provision (the severability clause) provided that if any other provision of the agreement was found to be illegal, the remaining provisions would still be effective. Adrian Landers, who was 17 years old, applied to a job at Evans Products that required cleaning a mechanical saw. Evans Products refused to hire Landers, citing a federal regulation that prohibited anyone under the age of 18 from working in jobs that required cleaning powered woodworking machines. The union disagreed with Evans Products’ interpretation of the federal regulation and filed a grievance.

Rule of Law

Issue

Holding and Reasoning (Feller, Arbitrator)

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