Attorney Hykel Wins Reinstatement of Hotel Worker Where Employer Violated Its Own Policy

An employer may promise to treat employees fairly and apply a progressive discipline policy. But without a union, employees have little recourse if an employer fails to abide by its own written policy. This case involving a terminated hotel worker illustrates the importance of having a union, especially UNITE HERE Local 26, to ensure the employer keeps its promises.

Here, the Employer promised that it would terminate employees only if it had "just cause." The parties further negotiated a progressive discipline policy that required three written warnings before an employee could be terminated. (An employer can bypass progressive discipline if the misconduct is considered serious or egregious).

Despite the clear language of this policy, the Employer terminated the employee who only had two written warnings in his file. The neutral arbitrator agreed with Attorney James Hykel that the discharge therefore was unjustified. That the most recent discipline of the employee was tagged "last and final warning" did not change the Arbitrator's conclusion because the policy required three written warnings before termination could be imposed. (And the Union's failure to grieve this "last and final" warning also did not disturb his conclusion).

To remedy the violation of its own policy and the collective bargaining agreement, the arbitrator directed the Employer to offer reinstatement, to make the employee whole for lost wages and benefits, and to reduce the discipline to a third written warning.