Arbitrator Reinstates Nearly 30-Year Steward Health Care Employee Represented by 1199SEIU-Mass

An arbitrator has determined that Steward Health Care lacked just cause to terminate a veteran employee accused of illegally accessing a patient's medical records for 30 seconds. Attorney Patrick Bryant represented 1199SEIU United Health Care Workers East (Mass) in this arbitration.

After two days of hearing in which the employer was represented by two attorneys and presented several witnesses, the Arbitrator determined that Steward failed to establish persuasively that the veteran employee risked the job to intentionally view a confidential patient record for less than 30 seconds, including a sensitive record for just seven seconds. The Arbitrator also took note of the employee's excellent work history, her length of service, and Steward's inconsistent discipline of other employees for the same offense (ranging from reprimands to termination and all in between).

The Arbitrator determined that the employee should have reported the unintentional access of medical record and reduced the termination to a one-month suspension. The Arbitrator ordered Steward to pay lost benefits and wages for terminating the grievant without just cause.

This decision represents at least the second arbitrator reinstatement of a Steward employee terminated for allegedly violating confidentiality policies.