Arbitrator Reinstates Veteran Hotel Worker Represented By UNITE HERE Local 26

Attorney Jillian Ryan persuaded a neutral arbitrator that a local hotel lacked just cause to terminate a 24-year hotel kitchen cleaner or issue a final warning for two separate incidents involved alleged insubordination. The victory for UNITE HERE Local 26 demonstrates why a union contract is indispensable to protecting against arbitrary or baseless discipline.

In this case, the Hotel issued a final warning to a veteran worker, despite his excellent work history, after the Hotel claimed he ignored a manager or failed to retrieve a radio at the manager’s request. One month later, the Hotel terminated the worker, for allegedly failing to retrieve a to-do list requested by the arbitrator.

At the arbitration hearing, the hotel attempted to bolster the initial discipline by alleging that employee acted in a threatening manner toward his manager. However, the arbitrator reviewed video surveillance footage offered by the Hotel and disagreed. Plus the manager testified that he did not feel threatened. The arbitrator ultimately concluded that the employee did not willfully ignore his supervisor and reduced the final warning to a mere written warning.

With respect to the allegation underlying the termination, the Arbitrator agreed that the worker engaged in misconduct. But he concluded that termination was not warranted because the worker should not have been on a final warning at the time this second incident occurred. Progressive discipline principles required the employer to provide a valid final warning before termination. Having concluded that the termination was unjustified, the Arbitrator ordered the Hotel to reinstate the worker, reduce the termination to a last and final warning, and make the worker for the wages and benefits lost as a result of the discipline and termination.