The instances when an arbitration is denied based on timeliness come so few and far between, it is important for us to take a moment to recognize and celebrate when they actually occur.

In the recent decision between ISD No. 535 and Minnesota Teamsters, Local 320, the employee was scheduled to have surgery in early November 2022.  He informed the district’s absence support specialist, asking to utilize his bargaining unit’s “Sick/Hospital Leave” benefit to cover the leave in late September 2022.  After a few days, the absence support specialist informed him that he would not be eligible for the leave, and would be required to use his accrued sick leave for the surgery and recovery.

The grievant did not grieve the denial at the time, and went out for surgery at the end of October 2022.  He returned to work on February 22, 2023, almost four months after the surgery, and six months after his request to use “Sick/Hospital Leave.”  Two weeks later, he grieved the employer’s denial of his request to use “Sick/Hospital Leave” under the contract.  Throughout the grievance process, the employer maintained that the grievance was untimely, while also denying the grievance on the merits.  The case went to arbitration, where Arbitrator Frank Kapsch was selected.

While the parties were still required to present their entire case on both the procedural and substantive matters, the parties agreed at the end of the presentation that the arbitrator could present a bench decision on the issue of timeliness.  In his decision, the arbitrator found that the time frames in the grievance procedure were “crystal clear,” that the grievant was well aware his request for the special leave was denied, and that the union’s “continuing violation” argument did not hold water.  With that, the arbitrator found that the grievance was not timely and was dismissed.

It isn’t often that employers are able to achieve these results, but that shouldn’t stop us from trying.  The employer maintained throughout the course of the grievance process that the grievance was untimely, and its argument ultimately ended in a victory.  If you, or your organization, need assistance in navigating the grievance process or arbitration, contact Wiley Reber Law, for legal advice that works.