Attorney Hykel Wins Reinstatement For Somerville Employee Represented by UFCW Local 1445

An independent arbitrator agreed that Angelica Textile Services wrongly terminated an employee for allegedly walking off the job. Attorney James Hykel advocated for UFCW Local 1445 at the arbitration hearing, establishing that the employer's witnesses were not credible.

Angelica is a linen/laundry service provider with a facility located in Somerville. Thanks to a collective bargaining agreement negotiated by Local 1445, Angelica had the obligation to establish "just cause" for any disciplinary action, including termination. Here, Angelica terminated an employed for allegedly instigating a strike (The contract prohibits work stoppages). The arbitrator agreed that Angelica failed to prove its case.

She found, contrary to testimony of employer supervisors, that the terminated employee did not refuse to work and did not invite employees to stop working. She agreed that he refused an employer's order at one point. But that does not mean that he led a work stoppage.

She also found that Angelica placed improper tasks upon the employee and then inappropriately touched the employee as he was escorted off the premises.

Because Angelica lacked any basis to terminate the employee, the arbitrator ordered that he be reinstated and Angelica pay him wages and benefits he lost as a result of the termination.