International Paper Co., Southern Kraft Division, Bastrop Mill
Labor Arbitration
69 Lab. Arb. Rep. 857 (1977)
- Written by Miller Jozwiak, JD
Facts
A collective-bargaining agreement (CBA) between a union (plaintiff) and the International Paper Company (defendant) required International Paper to give apprenticeships to senior qualified employees. The CBA also provided that an arbitrator did not have the authority to modify the terms of the CBA. International Paper was also subject to Executive Order 11,246 (EO) and had recently settled a race-discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964. The EO required certain federal contractors to have affirmative action plans to remedy past discrimination. The lawsuit’s settlement agreement stated that the CBA’s seniority provisions were not “racially discriminatory in their terms or operation.” International Paper had few Black apprentices, and affirmative action was necessary to hire more Black apprentices. In 1973, International Paper gave an apprenticeship to a Black employee, who was junior to a White employee. In response to the subsequent grievance, International Paper argued that the affirmative action plan required it to select the Black employee because there were few Black apprentices. But International Paper refused to give the union a copy of the affirmative action plan.
Rule of Law
Issue
Holding and Reasoning (Taylor, Arbitrator)
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