Like all things during the Covid-19 pandemic, the processing of grievances for public employers was put on hold while people did their best to stay safe and quarantine.  However, after things began to slowly open up again, the Wiley Law Office was able to represent and secure victories for its clients in two arbitration hearings, both over the termination of employees.

In Metropolitan Council/Metro Transit Division and Amalgamated Transit Union, Local 1005, the employer terminated a bus operator after his fourth chargeable accident in a three-year period, consistent with Metro Transit policy.  Through its presentation, the employer was able to prove that over a two minute period, the operator drove down city streets with an access panel open, which ultimately struck a bus shelter.  The issue that needed to be resolved by the arbitrator was whether the operator failed to adhere to standard operating procedures while driving his bus and whether he should have seen the access panel open using the tools he’d been provided by the employer.

In termination proceedings, it is the employer’s burden to prove that the termination of an employee meets the standards of just cause.  Through thorough witness preparation and video analysis, the employer was able to prove that the grievant failed to utilize the training he’d been provided in order to notice possible hazards while operating a bus.  Because of this, the arbitrator found that the grievant should have noticed the open access panel, and affirmed his termination.

In Amalgamated Transit Union, Local 1005 and Metro Transit, the grievant was discharged for a very different reason.  The employer had to prove that the termination of the grievant was appropriate after the grievant engaged in a physical attack on a passenger who was verbally harassing her on her bus.  The altercation began when the passenger failed to pay his fare, but was exacerbated by the grievant’s repeated policy violations, including her failure to contact authorities, failure to remain in her seat, using derogatory language with the passenger, and engaging in a physical altercation with the passenger.

The employer was able to prove that after the altercation was over and police were called, that the grievant failed to accurately describe the incident to her supervisor and others.  In the end, the arbitrator sided with the employer based on the grievant’s gross misconduct and violent behavior.

There are always a number of complicating factors involved in presenting cases to an arbitrator – from inconsistent statements to massive metropolitan-area-wide protests.  It is important that you have the right representatives when presenting your case at arbitration.  If you or your organization are looking for help arbitrating your discipline cases, contact the Wiley Law Office, for labor arbitration experience that works.