The exact language, in the 1997 Agreement (and the prior Agreement) was: "If there is a reduction in volume causing layoffs, the Employer’s obligations under this section shall be null and void."
The "causing layoffs" phrase was the biggest bone of contention. Hoax doesn't seem to remember this being an issue, but the Arbitrator said in part:
"This case arises out of a provision agreed upon as part of the settlement of the strike of August 1997. In that settlement, the Company agreed to create a certain number of new full-time jobs, with the commitment to be "null and void" if there was a "reduction of volume causing layoffs." The jobs were not created and the issue to be decided here is whether the Company’s failure to do so was a violation of its contractual obligation.
To be more precise, the issue agreed to by the Parties is:
Whether UPS violated Article 22, Section 3 of the Master Agreement when it failed to create 2000 full-time jobs from part-time jobs during the contract year ending July 31, 1998? If so, what shall the remedy be?
I held a hearing on that question on December 16 & 17, 1998, February 24, March 4, May 19 & 20 and July 26 & 27, 1999, at which time both Parties were afforded full opportunity to offer evidence and argument and to present, examine and cross-examine witnesses. There were 23 witnesses, 124 exhibits and a transcript of 1622 pages. At the conclusion of the testimonial phase of the proceeding, the Parties filed exhaustive briefs and reply memoranda, with the Record closed on December 1, 1999, the day of their receipt."