1199SEIU Members Win Back Pay Award Based On Raise Improperly Withheld More than One Year Prior

Earlier this summer, an Arbitrator agreed with Attorney David Rome and 1199SEIU United Health Care Workers East that American Red Cross improperly withheld across-the-board pay increases to three employees in 2013. This was the second time the employer withheld the annual increase to these employes, but the first time the matter had been grieved. The Arbitrator ordered the Employer to make these employees whole from the time period of the grievance (roughly August 2013) to date.

The Union argued that the missing back pay should be based upon both the 2012 and 2013 annual pay increases and not just the one pay increase (2013) improperly withheld during the grievance period. The Arbitrator agreed, reasoning that even if the Union did not grieve the 2012 missing pay hike, every subsequent paycheck was a new and continuing violation. Employees should have received both increases. The 2013 raise should have been based upon the 2012 raise.

The Arbitrator ordered the Employer to calculate how much employees would receive with both 2012 and 2013 annual increases during the grievance period and to pay the difference between that amount and the amount actually paid to the employees. This Award does not entitle the employees to recoup lost pay for the months before the grievance period arose.

This Award affirms that the unions can grieve certain issues long after the employer's misconduct occurred and in the face of employer claims of tardiness. The timing of a grievance, especially about pay and benefits, should influence only the remedy, but not should interfere with a decision that the employer violated the CBA.