Dana Incorporated has filed a Complaint seeking to set aside an award of Arbitrator Daniel Kininmonth. The Company alleges that the Arbitrator filed to apply a Last Chance Agreement that he found to be applicable and to have been violated, and in doing so acted in excess of his authority. Grievant had been placed on a Last Chance Agreement following a prior termination for attendance issues. The LCA included a provision stating “You are expected…

That was the issue presented to Arbitrator Robert E. Light in Aramark Uniform & Career Apparel and Teamsters Local Union No. 769.Grievant was employed by Aramark as a Route Sales Representative. In acknowledgement  of his sales performance, he was invited to a Company recognition event consisting of a dinner and a limo to and from a Miami Heat basketball game. Alcohol was provided by the Company both at the dinner and in the limo.…

Arbitrator Thomas Cipolla overturned the termination of a San Antonio police officer who had been captured on a body camera using a racial slur during an arrest. Arbitrator Cipolla’s award can be found here. KSAT links to the video at San Antonio officer who repeatedly used N-word while arresting black man asks for job back.   The facts of the incident were largely undisputed. The Chief described at the arbitration  hearing why he made the decision that termination was appropriate:…

In  MV Transportation, Inc., the NLRB decided that it would no longer apply the “clear and unmistakable waiver” test in resolving charges that an employer had made unilateral changes in matters addressed in a collective bargaining agreement.  Instead, it would follow the “contract coverage” standard applied by a number of circuit courts. In a press release announcing its decision, the Board summarized the distinction between the two tests.Under the “contract coverage” or “covered by the contract”…

Teamsters Local 853 v. SFO Transporter, Inc. d/b/a Compass TransportationThe Teamsters Union is seeking to set aside an award of Arbitrator David B. Hart.   Grievant had been employed as a shuttle bus driver, driving for clients and customers of Compass. A client of Compass requested that grievant be removed from its account based on an anonymous complaints from  passengers. Shortly thereafter, Compass terminated grievant’s employment. The cba between Teamsters and Compass provides:Under direction from any client or…

Teacher’s use of N word “under his breath” found insufficient to revoke tenureArbitrator Peter Adomeit rejected tenure charges against a teacher in a New Jersey school district who was alleged to have used the  word while in class. The tenure specification asserted that the teacher “quietly said to himself something to the effect of  ‘I’m done with these n…s’  or ‘I’m not trying to deal with these n…s’ while walking away from certain students who…

Arbitrator Joseph Duffy has sustained grievance filed by Teamsters Locals 117 and 313 alleging that UNFI/Supervalu, Inc breached its cba when it denied bargaining unit employees the opportunity to transfer to a new facility after their current facility was scheduled to be closed. Arbitrator Duffy’s award can be found here. The applicable language of the cba provided: 1.01.2 Movement of Existing Facility: In the event that the Employer moves an existing facility to any location…