CP Kelco US, Inc. v. International Union of Operating Engineers

# CP Kelco US, Inc. v. International Union of Operating Engineers **What Happened** CP Kelco, a chemical company, created a new policy requiring mechanics to carry pagers and respond to emergency calls without extra pay for being on-call. The union representing the mechanics argued this violated their collective bargaining agreement, which they believed entitled workers to compensation for on-call time. An arbitrator initially agreed with the union and ordered CP Kelco to pay damages. **What the Court Decided** The Tenth Circuit Court of Appeals sided with CP Kelco, overturning the arbitrator's decision. The court ruled that the company could implement the on-call pager policy without paying workers during standby time. **Why This Matters for Workers** This case highlights that workers under collective bargaining agreements don't automatically receive pay for on-call duties. Even when an arbitrator rules in workers' favor, courts can overturn that decision. Union members should carefully review what their contracts say about on-call work and compensation to understand their rights and protections.