Attorney Russell Wins Promotion For Spanish-Speaking Server Represented by UNITE HERE, Local 26

An arbitrator agreed with Attorney Ian Russell and that Levy Premium Foodservice violated a collective bargaining agreement when it refused to transfer the most senior banquet server to a coveted work list, by citing inadequate English skills. Language in the parties’ collective bargaining agreement mandated Levy to fill an opening on a particular banquet server list with the next most senior banquet server. The applicable server list has greater access to work additional shifts. Levy refused to appoint the most senior server, by claiming that the Spanish speaking server did not have the required English language skills.

Local 26 and Attorney Russell persuaded the arbitrator that the employee was qualified for the list and that Levy was relying on the wrong provision of the contract. Accordingly, the Arbitrator ordered that the most senior server be placed on the correct list and given the opportunity to work additional shifts.