Grievance Arbitration Exercise 1 In the Matter of Arbitration between International Brotherhood of Electrical Workers. AFL-CIO Local 400, ABC Wire Making Company The Issue At the outset of the hearing the parties stipulated the issue to be as follows: Was the company's decision to hire Mitchell Carey as a primary operator of the dual-head extruder in violation of Article 10, Section I(d) of the collective bargaining agreement? If 50. what shall be the remedy? The Facts On September 26. 2016, the company posted job openings for three shifts for the position of Grade 3 Dual-Head Extruder/Primary Operator. Two employees bid for and were placed in these positions. The company then sought applicants from outside the company for the third position and hired Mr. Mitchell Carey. On October 28. the day after Mr. Carey began work. the union filed a grievance claiming the company violated Article 10. Section I(d) of the collective bargaining agreement by not offering the job to Mr. Michael Seis the most senior maintenance mechanic who was on Iavff status at that time. Article 10.1(d) reads as follows: If the job is not filled by or (c) above, the Company may select from the callback list the employee who, in their opinion, is the best qualified for that job; and if. in their opinion, no one is qualified. the Company may hire a new employee. The union agrees that the company properly followed the procedures called for in paragraphs and (c) of Section I of Article 10. Therefore, the dispute focuses on the company's application of paragraph