Attorney Terry Coles Persuades Federal Court That Health Care Employer Must Let Arbitrator Determine Whether It Remedied Contract Violation

On behalf of 1199SEIU, United Healthcare Workers East, Attorney Terence Coles persuaded an arbitrator that the North Adams Regional Hospital's termination of an employee was without just cause and therefore violated the collective bargaining agreement. The Arbitrator, as is customary, ordered the Hospital to back certain lost wages and reinstate the employee to his previous position.

The Hospital reinstated the employee, but to a position that deprived the employee of certain work and wage premiums he enjoyed prior to termination. The Hospital claimed that this new assignment was justified by a restructuring; the Union disagreed.

The Union then went to federal court to have the arbitration award enforced or, in the alternative, have the dispute sent back to the original arbitrator. The Hospital contended that the dispute about compliance with the arbitration award required the Union to proceed through grievance process all over again, in front of a new arbitrator.

The Court sided with the Union. and sent the case back to the original arbitrator for clarification and amplification of the original award. The Court's decision can be found here.