Arbitration Award and Opinion
Arbitration Award and Opinion
ISSUE
The parties stipulated the following issue:
(1) Does the collective bargaining agreement (CBA) require the employer to have “just cause” to fire an employee, even if the language is not in the CBA?
FACTS
A truck drive was discharged for failing to make timely deliveries and not using the quickest, most direct route as previously instructed. The company warehouses and distributes wholesale floor covering products and operates from several locations. The driver was hired in November 2000 and during his relatively short, eight-month tenure with the company received a total of four other employee warning reports. According to the employer, the driver demonstrated a continuing pattern of failing to follow orders, company policies, and supervisory instructions involving the use of a global positioning system (GPS) mounted in his truck, completing daily driving logs, and utilizing toll roads for the best way to make deliveries in a timely fashion. On two occasions the employee simple failed to complete his deliveries, costing the company extra expense and a loss of customer satisfaction. The triggering even for his termination was his refusal to use the toll road to make a delivery even though he was offered an advance of the toll road fee. In response, the union claims that the employee’s failure to use toll road was justified because he was already owed $87.32 in post-toll reimbursements. One of the employee’s prior warning reports was grieved and settled in his favor, and he was disputing the remaining three at the time of his discharge. In this grievance he is challenging his discharge, seeking reinstatement with back pay, seniority, and benefits. ARTICLE VII SENIORITY states Section 2. Seniority shall be lost for the following reasons: b. if the employee is discharges for cause. ARTICLE XVII GRIEVANCE AND ARBITRATION PROCEDURE states Section 2. Step 3. 4) The arbitrator shall not have the authority to amend or modify
ISSUE
The parties stipulated the following issue:
(1) Does the collective bargaining agreement (CBA) require the employer to have “just cause” to fire an employee, even if the language is not in the CBA?
FACTS
A truck drive was discharged for failing to make timely deliveries and not using the quickest, most direct route as previously instructed. The company warehouses and distributes wholesale floor covering products and operates from several locations. The driver was hired in November 2000 and during his relatively short, eight-month tenure with the company received a total of four other employee warning reports. According to the employer, the driver demonstrated a continuing pattern of failing to follow orders, company policies, and supervisory instructions involving the use of a global positioning system (GPS) mounted in his truck, completing daily driving logs, and utilizing toll roads for the best way to make deliveries in a timely fashion. On two occasions the employee simple failed to complete his deliveries, costing the company extra expense and a loss of customer satisfaction. The triggering even for his termination was his refusal to use the toll road to make a delivery even though he was offered an advance of the toll road fee. In response, the union claims that the employee’s failure to use toll road was justified because he was already owed $87.32 in post-toll reimbursements. One of the employee’s prior warning reports was grieved and settled in his favor, and he was disputing the remaining three at the time of his discharge. In this grievance he is challenging his discharge, seeking reinstatement with back pay, seniority, and benefits. ARTICLE VII SENIORITY states Section 2. Seniority shall be lost for the following reasons: b. if the employee is discharges for cause. ARTICLE XVII GRIEVANCE AND ARBITRATION PROCEDURE states Section 2. Step 3. 4) The arbitrator shall not have the authority to amend or modify
References: Carrell, Michale R. (2013). Labor Relations and Collective Bargaining. New Jersey: Pearson Education, Inc.