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Arbitration Round-Up

October 13, 2011 by

Here is a sample of recent arbitration cases handled by Beeson, Tayer & Bodine.

Discharge/“Stealing Time” – Teamsters 386 and Foster Farms: Arbitrator David Nevins reinstated with back pay a Union steward and long-time employee terminated for allegedly “stealing time,” by putting in for pay for time spent in a meeting between management and the Union, and leaving before the scheduled end of his shift. The Arbitrator agreed with the Union that the steward reasonably believed he was entitled to be paid for time spent in the meeting, because a supervisor had directed him to attend, and because past practice was to pay for the steward’s time spent in a meeting he attended at management’s request. The Arbitrator also found that the Company had failed to prove the steward had left early. Although a security video showed him leaving the building before his shift ended, further photographic evidence showed that he later returned and continued working.

Discharge/Drug Test & Preventable Accident – Teamsters Local 853 and DS Waters: Arbitrator Charles Askin reinstated with full back pay a truck driver terminated for a preventable accident and a positive result on a post-accident drug test. The Arbitrator agreed with the Union that the Company violated the contract by drug -testing the driver, because the accident did not result in serious injury or damage to a vehicle. Under the plain language of the contract, he concluded, the circumstances did not authorize the imposition of a post-accident test. Additionally, the Arbitrator rejected the Company’s argument that the accident was an independent ground for terminating the driver, agreeing with the Union that the driver was not grossly negligent in causing the accident.

Discipline/Progressive Discipline—Teamsters Local 896 and Anheuser Busch: Arbitrator Thomas Angelo reduced to a written warning a three-day suspension issued a forklift driver for a forklift accident that caused damage to a trailer. The Arbitrator concluded the Employer has misapplied progressive discipline by relying on an unrelated attendance warning previously issued the grievant to justify the imposition of a suspension, rather, than a warning, for the accident.

Contract Interpretation/ Salary Reduction – Tahoe Forest Hospital Employees Association and Tahoe Forest Hospital District: Arbitrator Matthew Goldberg sustained the Union’s grievance protesting Hospital’s reduction of pay ranges midcontract as a result of the Hospital’s annual salary survey review. The Arbitrator agreed with the Union’s argument that the contract language only authorized the pay ranges to increase based on plain language and past practice that pay ranges had never reduced. The Arbitrator agreed and awarded that any affected employees be made whole.

Contract Interpretation/ Premium Pay – Teamsters Local 856 and Eden Hospital: Arbitrator William Riker sustained the Union’s grievance protesting the Hospital’s application of a phlebotomist wage differential. He agreed that new wage differential language proposed by the Employer—language ambiguous on its face—had eliminated the established past practice of applying the differential to all paid hours, including paid time off, overtime and shift differentials. The Arbitrator concluded the Hospital had not made clear it intent to change the practice, either in its new contract language or in its statements at the bargaining. All affected employees were ordered to be made whole.

Contract Interpretation/ Office Space Allocation – AFSCME Local 2019 and EBMUD: Arbitrator William Engler sustained the Union’s grievance protesting the Employer’s failure to follow District guidelines as to minimum space for employee office cubicles when it relocated employees several years before the grievance was filed. The Arbitrator rejected the Employer’s timeliness objection, finding the violation to be a continuing one. The Arbitrator concluded the District did not bargain in good faith with the Union when cubicles were originally planned, and remanded the case to the parties to negotiate over the size of the cubicles.

Discharge/Preventable Accident – Teamsters Local 150 and UPS: Arbitrator Boren Chertkov sustained the Union’s grievance protesting the discharge of a package car driver for a preventable accident. The Arbitrator concluded that while the grievant was properly subject to discipline for the accident, discharge was not warranted, and reduced the penalty to a 20- day suspension. In overturning the discharge, the Arbitrator rejected the Employer’s arguments that this single accident was serious enough to warrant immediate termination and that previous discipline for unrelated conduct warranted discharge here.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.