Attorneys Cochran, Hykel Win Reinstatement for 20-Year Worker Represented By UFCW Local 791

A neutral arbitrator agreed that an employer lacked just cause to terminate a 20-year employee for a first-time violation of a workplace violence policy. Attorneys Tod Cochran and James Hykel represented
UFCW Local 791 throughout the arbitration process.

Here, the parties agreed that the Grievant, frustrated by a co-workers constants pranks and antagonism, placed his arm around the co-worker and dragged him several feet. But multiple factors persuaded the arbitrator that termination was excessive. One, the employer's workplace policy was not "zero tolerance" - mandating termination for initial or mild offenses. In fact, the policy provided for "corrective action", otherwise known as progressive discipline.

Two, the Grievant never denied his actions. Third, he had a stellar work history over 20 years. Fourth, many factual allegations by the employer turned out to be baseless. Finally, the alleged victim never testified at the arbitration hearing.

The arbitrator reinstated the Grievant, reduced the discipline to a 10-shift suspension, and directed that the Employer make him whole for wages and benefits lost as a result of the termination.