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June 15, 2004
Steven P. Richards, President
BNG Local 31245
Re: Interpretation of "Deference"
Dear Steve:
This will confirm that the parties have agreed that the term "deference" in Article III, Section 1(B) shall be interpreted in any arbitration under this section as follows: The Globe shall show by specific evidence that relates to the capacity to perform the job in question, that the junior employee is superior, and the decision to bypass the senior employee was made in good faith. Unless the Union can show the Globe did not establish the superior capacity of the junior employee, or that the Globe's decision to bypass the senior employee was not made in good faith but rather was based on Union activity, salary level, or other protected status, then management's determination shall be upheld.
Very truly yours,
Gregory L. Thornton
AGREED:
Steven R. Richards
President BNG 31245
January 28, 2001