Citations
- 484 F. Supp. 445
Full opinion text
MEMORANDUM ORDER
J. WALDO ACKERMAN, District Judge.
The parties have presented their case to this Court and the petitioner, Zeigler Coal Co., has briefed the issue involved. This opinion shall constitute my findings of fact and conclusions of law in accordance with Federal Rules of Civil Procedure 52(a).
This action arises out of a petition by plaintiff Zeigler Coal Company to vacate an arbitrator’s award in favor of the Union, District 12, United Mine Workers. The parties entered into a Coal Wage Agreement which became effective March 28, 1978. This dispute centers upon a provision of that agreement, Article XA, which provides for a paid Christmas vacation for qualified employees. Section (b)(i) of Article XA provides:
Qualifying Period: All employees who perform regularly scheduled work during each of seven (7) or more calendar months between December 24, 1977 and December 25, 1978 shall be eligible to take off from December 26 through December 31,1978, and shall receive as compensation five (5) times the Employee’s standard daily wage rate.
A similar provision covers the years 1979 and 1980. However, this dispute relates to the year 1978.
The Company paid the qualified employees their standard daily wage rate for the vacation period. A grievance was filed on behalf of thirteen “Top” Employees seeking an additional 3A hours pay at time and a half for each day of Christmas vacation. These employees regularly worked 3A hours of overtime each day, being compensated at their Standard Daily Wage rate for 7V4 hours and at time and a half for 3A hours.
The grievance proceeded to arbitration, culminating in an award to the employees of 3A hours overtime for each day of Christmas vacation. The Arbitrator stated his conclusion as follows:
The fundamental purpose of payment being made to employees who are granted vacation days or holidays, days that represent surcease from work, is to assure that respite from labor will not require a monetary sacrifice. Holidays and vacations are to represent days of rest without financial sacrifice.
Applying these objectives to the task of interpreting Section (b)(i), it is apparent that payment to the grievants of less than they ordinarily earn, for each day, was not in áccord with the basic intent of Article XA. It is the basic intent that governs, not words that transgress, doubtless unintentionally, that basic intent.
The Company challenges the award primarily on the' basis that the contract is unambiguous, yet the arbitrator disregarded the contract provision and instead substituted his “own brand of industrial justice”. Article IV, Section (e) of the Agreement, entitled “Standard Daily Wage Rate” contains the following language: “The standard daily wage rates paid for work performed under this Agreement and set forth in Appendix A . . . ” Appendix A sets forth in dollar amounts the standard daily wage rates for various job classifications. Part III of Appendix A governs the employees involved in this case. A footnote to that Appendix provides that the Standard Hourly Wage Rate is to be computed by dividing the Standard Daily Wage Rate by seven and one-quarter (7V