As hard as it may be to believe, there are things going on in the state of Minnesota other than legislative updates!  While the legislature was busy changing half of the laws in the state, we still had work to do, like an arbitration over the termination of a Metro Transit bus operator.

In Metro Transit and ATU, Local 1005, the grievant was terminated following her fourth responsible accident in a three-year period.  The accident occurred when the bus the grievant was operating struck a parked pickup truck and continued operating the bus without stopping or notifying a supervisor of the accident.  She did this despite visible damage to the bus and a passenger commenting on the accident.    It was established during the hearing that Metro Transit had a long-standing policy of terminating operators following a fourth accident for which the operator had some responsibility in three years.

The question for the arbitrator to decide was whether any mitigating circumstances existed that warranted reinstatement of the operator following her accident.  The grievant was a 22-year veteran employee who frequently volunteered to work open shifts.  In addition, at the time of the accident, it was dark and raining.  The grievant also complained that when the accident occurred, the bus was pulling to the right, leading to her striking the vehicle.

To counter these arguments, Metro Transit offered the grievant’s spotted work record.  In addition, the employer had the vehicle inspected following the accident, and found no evidence that the bus was not operating as it should have.

On top of this, firm President Greg Wiley, who tried the case, offered up nine separate arbitration awards upholding terminations of bus operators after it had been determined that the operator was responsible for a fourth responsible accident.

In the end, Arbitrator Toenges found that the employer’s safety policy was reasonable, the grievant had received appropriate training, and her conduct outweighed any mitigating factors offered by the union.  He held, “It is axiomatic that Metro Transit’s emphasis on safety is warranted and essential to the welfare of passengers, pedestrians, operators, and other motorists.”  With that, the grievance was denied and the discipline was upheld.

As we’ve said before, arbitration is never a sure thing, no matter how good an employer thinks its case is.  But with a consistent approach to discipline, training provided to remedy any employee shortcomings, thorough investigations of misconduct, and solid representation at arbitration, it gets a lot easier to have decisions upheld.  If you, or your organization, need assistance in the discipline of employees, or having discipline upheld in arbitration, contact Wiley Reber Law, for representation that works.