To sum up: Based on the language from the 2013 - 2018 contract, an arbitrator finds that the company did not violate Article 37 by working an employee on the 9.5 list over 9.5 more than 3 times in a single week. The decision was based on the use of the word "continually", and the arbitrator decided that the facts of the case at hand did not meet the definition. The decision disregarded the understanding reached between the negotiators about what the language meant, according to negotiation transcripts. So there you have it folks. Clear language in a contract is paramount. The changes in the new contract did not address this particular word use. Be prepared for the company to start fighting 9.5 grievances based on this precedent. No clarification on what it would take to meet the definition of "continually" in 9.5 violation cases was given, but it is clear that it must happen more often than just a single week of over 3 days.