United Steelworkers of America v. Amax Aluminum Mill Products, Inc.

The appellant (Union) sought, under section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185 , a judgment modifying and confirming an arbitration award rendered under a collective bargaining agreement between it and the appellee (Company). The District Court denied the motion to modify and to confirm the award and granted the Company’s motion to vacate the award. The Union appeals.

Prior to April 1, 1968, the Company’s Riverside, California, plant had four of its six time clocks calibrated so that an employee who clocked in between 6:54 а. m. and 7:00 a. m. would register 7.0 on his time card. At precisely 7:00 a. m., the impression registered would change to 7.1. If the employee left between 2:54 and 3:00 p. m., the card would show 15.0. The other two time clocks were calibrated such that the card of the employee checking in at the above times would register б. 9 and 14.9. By posted notice on April 1, 1968, the Company changed the four clocks to register as did the last two described. The notice also required the employees to clock in at or before the scheduled starting time and to clock out at or after the scheduled quitting time. Under the old policy,…