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Update on Grievances and Arbitrations
Tom Munster
Business Representative

Local 148 is processing various grievances and arbitrations at this time. A summary of these cases is provided below.

Alleged Sick Leave Abuse
(M-04-16)
IN PROGRESS
A hearing was held September 27 at the Union Hall regarding the case of a member who was terminated for alleged sick leave abuse. The member was told by the company that his Workers Comp restrictions could not be accommodated and to go home on sick leave. The company charges that he was later observed away from his residence. The parties filed briefs after the hearing, and we are awaiting the arbitrator’s decision. The union seeks reinstatement and back pay.

E-mail & EEO/Anti-Harassment
Policy Violation (L-05-18)
RESOLVED
This issue involved 15 separate cases of discipline ranging from 10 to 30 days suspension. The company initially refused the union’s request to group the cases into a single grievance. However, prior to the arbitration date for the first one, both sides met at the GOB and reached a resolution on all of them, reducing the discipline to a letter of reprimand.

The parties stress that the resolution was reached solely on the facts and circumstances of these particular cases. The resolution in no way suggests that either the union or the company promotes the inappropriate use of computers during working hours.

The union emphatically urges all members not to download or forward any email or other material that could be determined to be offensive. When in doubt, delete any email. The stewards and chief steward worked hard to prepare for this arbitration. Not only were we successful in reducing the discipline, we were also able to help a terminated probationary employee get reinstated.

Journeymen Assembly and Disassembly
(L-04-62)
– IN PROGRESS

The union and the company met at the GOB October 11 on a case that involves a contract stipulation from 1999, covering 33 items journeymen can perform on straight time with other classifications. The primary issue has to do with assembly/disassembly of equipment.

The majority of the day was spent debating which evidence the union could or could not introduce. Business Manager Giljum and Certified Repairman Berg testified for the union. The hearing is scheduled to reconvene in January. Many grievances have been written over this issue, and its resolution is important to the membership.

Bidding Rights of POE into Master Control Tech Group
(L-04-066)
RESOLVED

This case had to do with bidding rights of a POE into the Master Control Technician Group. Originally, the company took the position that POEs could not bid into the MCT group while attending maintenance cross training as a POE. A week before the arbitration date, the company called with a settlement offer.

The resolution is that, at both the Meramec and Labadie plants, where a POE has been bypassed for a MCT apprentice bid, he or she will now have the first opportunity at the next apprentice bid at each location.

Super POEs (L-04-56) – IN PROGRESS

A December 1 arbitration date has been set for this case, which involves the company assigning a POE-M as a fire watch for a Certified Repairman. Sometimes referred to as the Super POE issue, this assignment has also been grieved at several other locations.

Company Recouping
Sick Leave Pay (M-05-01)
– IN PROGRESS

A December 14 arbitration date has been set for this case, which involves the company recouping sick leave pay when they determine an individual has “abused” sick leave. This case will most likely be determined when the union and the company attorneys depose the individual’s doctor. The depositions will clarify the grievant’s diagnosis and determine whether we will proceed to arbitration.

With the recent announcements of some management moves, the union can only hope that issues like those above can be resolved in a more timely manner, saving the parties both time and money.