Court Vacated Double-Time Pay for Violation of Notice Requirement for Shift Changes
In Chicago v. Water Pipe Extension, 302 Ill. App. 3d 940, 946, 707 N.E.2d 257, 236 Ill. Dec. 412 (1999), the appellate court of illinois reversed an award of double-time pay for violation of a contractual notice requirement for shift changes while it was undisputed that the contract only provided for time and one-half pay. Water Pipe Extension, 302 Ill. App. 3d at 948.
Following City of Chicago v. American Federation of State, County & Municipal Employees, Council 31, 283 Ill. App. 3d 446, 451, 669 N.E.2d 1311, 218 Ill. Dec. 785 (1996), the court examined the language of the award.
The arbitrator noted that he could not impose punitive damages in his award and also cited a prior decision of the arbitrator that awarded a double-time remedy as the best way to handle future violations and "'getting the message through'" that willful violations would result in double-time pay. Water Pipe Extension, 302 Ill. App. 3d at 947.
Accordingly, the court vacated the award because it clearly exceeded the terms of the collective bargaining agreement and the record showed that the arbitrator granted the award as a means of deterring or punishing the plaintiff's violation of the notice requirements. Water Pipe Extension, 302 Ill. App. 3d at 949.