Arbitrator Agrees That Shaw's Improperly Laid Off Employees Represented By UFCW Local 791

Attorney Tod Cochran persuaded an arbitrator that Shaw's transfer of maintenance work to outside contractors violated the collective bargaining agreement with UFCW Local 791. The Arbitrator rejected the grocer's contention that the transfer was an “elimination of a function” or a managerial prerogative permitted by the contract. He instead agreed that the wholesale transfer was a layoff for purposes of the contractual requirement that Shaw's demonstrate a lack of work before pursuing a layoff. The Company’s improper layoff occurred just three months after the parties ratified a new contract in which the Union fought off the Company’s attempt to negotiate language allowing the layoff.

The Arbitrator directed the parties to pursue a mutually acceptable remedy to the contract violation and, failing resolution, to return to him to resolve the dispute.

Attorney James Hykel assisted on the brief.