Arbitrator Reinstates Wrongfully Terminated Employee Represented By IBEW L 2326

An arbitrator reinstated a splice service technician, who was terminated for failing to return to work from an off-duty injury within time period set by the employer. Attorney Alfred Gordon represented the Union, IBEW Local 2326, in this matter.

Here, the grievant suffered an off-the-job injury that prevented him from doing anything but light duty for nearly two months. The Employer did not have light duty to give the grievant, so the grievant did not work. The Employer sent him a note expecting him to return to work by September 15th, but the Grievant then produced a letter from his doctor indicating that he could not return until September 21. The Employer terminated him when he returned September 22nd.

Even though the grievant had a history of disciplinary problems related to attendance, including a "final warning," the arbitrator here determined that the grievant consistently notified the Employer of the medical reasons for his continued absence. The arbitrator determined that the Employer's terminated was not motivated by legitimate concerns, but instead by its frustration with what it perceived to be the grievant's poor attitude toward work. The Employer seemed to have a chip on its shoulder toward the grievant and let this bias interfere with its decisionmaking. The arbitrator ordered grievant's reinstatement with full seniority and back pay.

This award serves as a reminder of the value of contractual language that protects against discipline without "just cause". This language prevents an Employer for terminating what it perceives to be a problem employee for a perceived, rather than actual, infraction. It also protects against employers who arbitrarily attribute nefarious motives to employees without any basis.