BATH, Maine — A U.S. District Court judge on Friday dismissed a claim by the largest union at Bath Iron Works, agreeing with the company that a dispute over job classifications should be resolved through arbitration, and not through the courts.
U.S. District Court Judge George Z. Singal ruled that Local S6 of the Machinists Union did not prove that the current dispute — about a BIW proposal to cross-train employees — was not subject to a 2001 agreement that called for arbitration.
In January, the shipyard’s management proposed implementing “job function reallocation and modification” — what the union referred to as “cross-training” — including expanding the tasks that could be done by more than 100 different classifications, according to court documents.
BIW has stated repeatedly that the company must become more efficient at shipbuilding in order to secure contracts.
After the union refused to engage in a joint agreement process, BIW informed the union it would implement the reallocation and modification and on April 2 demanded it go to arbitration.
The union argued that the shipyard was attempting to implement “associated functions” — a provision included in joint bargaining agreements between 1994 and 2000 that, in part, prompted a 55-day strike in 2000.
Singal found “no positive assurance” that the agreement to arbitrate did not cover disputes such as this
“In short, there is a designated path for this dispute and that path requires arbitration,” he wrote.
Singal issued his ruling on Friday, the second day of arbitration between BIW and the union.
“We appreciate the court’s prompt consideration and handling of this suit,” BIW spokesman Matt Wickenheiser wrote in an email Monday to the Bangor Daily News. “We are pleased that the judge agreed that the discussions between the company and the union rightfully belong in front of an arbitrator.
Jay Wadleigh, president of Local S6, did not respond to a phone call seeking comment.