4. If the Union alleged that the Work Keys Assessment was not valid, which party would have to prove the validity? This matter of arbitration stems from a bid on a job posting for the extra-hand position in the Technical Department on August 5, 2004. Ms. Pat Boone was notified that she was the senior bidder and was required to take a Work Keys test. Ms. Boone took the test, but did not score high enough to be awarded the job. She filed the following Grievance:

Nature of Grievance:

Pat Boone was the successful bidder for a job posting in the Technical Dept. and was disqualified without any opportunity to train for the job.

Date of Occurrence:

August 5th, 2004 Settlement Desired:

Allow Pat Boone to train for the job in question as specified in the Labor Agreement and allow her to accept the job if qualified. Make Ms.

Boone whole.

Provision of Labor Agreement Alleged to be Violated:

Section VI. 10. And Addendum 22 In a letter dated October 8, 2004, Mr. Dan Keel, technical manager provided the Company response:

514 PART 3: ADMINISTERING THE LABOR AGREEMENT This grievance was filed after Pat Boone did not meet the Work Keys skill levels required for transfer to the Technical Department, and the bid was awarded to the next senior bidder, who did meet the skill levels. After a thorough review of the facts, the company finds there was no violation of the labor agreement.

Therefore, the company respectfully denies the grievance.

The Grievance was appealed. In a letter dated April 7, 2005, Mr. Mike Senter, plant manager, provided the Company’s Step 3 Answer:

The company is willing to meet with the union to discuss the issues raised by this grievance in a good faith effort to reach a mutually acceptable agreement that will resolve the subject grievance.

The Grievance was appealed to arbitration.

Issue Did the Company violate the CBA when it denied Pat Boone the extra-hand job bid in the Technical Department?

Relevant Provisions of the Agreement Section VI. Determination and Application of Seniority Rights:

10 Filling Vacancies B General Seniority shall operate according to lines of progression agreed upon between the local Unions and Mill Management. Such lines of progression shall be subject to change only by mutual agreement of the two parties.