Attorney Cochran Persuades Arbitrator that Shaw's Violated Its Own Attendance Policy

May 23, 2018

Attorney Tod Cochran represented UFCW Local 791 in the Union's successful challenge to a new Shaw's attendance policy imposed employees at the Methuen warehouse. For years, employees who had perfect attendance for 60 days received a benefit or "free pass" for their next violation. Shaw's changed that policy, a change upheld by a different arbitrator. This change specifically stated that after 60 days of perfect attendance, the employee's oldest violation is removed from their personnel record. However, Shaw's interpretation of its own policy was to remove the most recent violation, rather than the oldest.

The private and neutral arbitrator agreed that Shaw's interpretation violated the plain language of its own policy. She ordered Shaw's to make whole all employees harmed as a result of the misinterpretation of the policy.

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