Bargaining agreement provides limits on amount of overtime included in an average weekly wage
The Illinois Workers' Compensation Commission modified the arbitrator's average weekly wage calculation and otherwise affirmed and adopted the decision of the arbitrator. The arbitrator failed to include the claimant's sick/vacation/holiday pay and erroneously included overtime earnings beyond the two hours per day as required under the bargaining agreement.
Case name: Aldridge v. Yellow Freight Systems, 17 ILWCLB 124 (Ill.W.C.Comm. 2009).
Aldridge, a truck driver the for the defendant, injured his rightknee when he slipped and fell on ice that had accumulated on the steps of his truck door. In reviewing the arbitrator's average weekly wage computation, the Commisison found that the arbitator failed to include Aldridge's 210 ourse of sick/vacation/holiday pay and erroneously included overtime earnings beyonw the two hours per day as required under the bargaining agreement between the defendant and the local union. Although the wage statement indicated a total of 594 overtime hours, the Commission found only 387 hourse should be included in the calculation of Aldridge's average weekly wage.
In Ogle v. Industrial Commisison the Illinois Appellate Court found that Aldridge's normal workweek was, on average 48 hours per week, based upon Aldridge's testimony he worked 48 hours per week and the union contract indicating overtime was mandatory. Only after Aldridge worked 48 hours was he permitted to refuse overtime.
In this case, Aldridge and the union local president testified that under the collective bargaining agreement, Aldridge could have been required to work two hours per day or 10 hours per week of overtime, without the right of refusal. Therefore, the Commission modified Aldridge's average weekly wage to $1,108.03 which included 1,886 regualr hours, 210 sick/vacation/holdiay hours, and 387 overtime hourse at the straight time rate of $20.10 per hour for the agreed period of 51 work weeks.
