Attorney Jill Ryan Wins Reinstatement, Back Pay For Terminated Employee Represented by UFCW Local 328

A neutral arbitrator agreed with Attorney Jillian Ryan and UFCW Local 328 that a credit union lacked just cause to terminate a teller for violating company policy. It was undisputed that the teller failed to involve a supervisor in resolving a dispute about amount of money deposited by a client. The parties further agreed that the teller's mistake caused her till to be off by $900. The parties disputed whether termination was the appropriate penalty.

The Arbitrator agreed with the Union and Attorney Ryan that termination was excessive. First, the Arbitrator declined to consider allegations omitted from the discharge letter and raised during the grievance process. He wrote, "Certainly, some unusual circumstances may justify a delay in notifying the employee of reasons for his or her discipline, but a delay of almost two months after the act occurred, and one month after [Grievant] was discharged, to and then add new charges, is unacceptable."

Second, the Arbitrator reasoned that termination was not compelled. The policies did not compel termination and the employer failed to present sufficient evidence of past evidence resulting in discharge.

To remedy the Grievant's unjust termination, the Arbitrator ordered the Employer to reinstate the Grievant, reduce her discharge to a two-week suspension, and pay her all the monies and benefits she would have earned during her termination period (after subtracting for unemployment and interim earnings).