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3223-226-00 - Calumet Public Schools
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| Issue: | Vehicle accident - involuntary transfer |
| Result: | The
grievant was transferred from his position as Bus Driver/Custodian to a
night shift custodial position following a near accident with his bus. There
were prior safety related disciplines on file. The Union contested the transfer to the night shift position requesting reinstatement to his day shift position stating the transfer was without cause. The Union argued mitigating circumstances relative to the last near accident and argued disparate treatment. The arbitrator concluded that the employer was warranted in disciplining the grievant in conjunction with the incident but concluded that the permanent disciplinary transfer was inappropriate in that it may infringe upon the future rights of the grievant or others within the unit. There were other options available, he stated. The Arbitrator found that there was sufficient reason to issue discipline... but not in the form of a permanent disciplinary transfer which would override the other contractual requirements. The grievant was returned to his position of bus driver/custodian. The permanent disciplinary transfer was reduced to a "temporary" disciplinary transfer for purposes of the personnel file. |
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