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A5578-2628-01
- Van Buren Public Transit
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| Issue: | One-day suspension for negligence. |
| Result: | The
grievant, a bus driver, damaged his vehicle by striking a free standing
sign. The roof was scraped from the front to the rear with deeper slashes
in the rear. The Arbitrator, in reviewing the facts determined that the grievant was at fault. The Union argued that the grievant had a clean record and that the appropriate discipline would have been either an oral reprimand or written warning based upon the contract. The Union further argued disparate treatment. The Arbitrator cited that "arbitrators have upheld suspensions, even discharges, involving at fault vehicle accidents…Consistent with the concept of progressive discipline and recognizing that progressive discipline…should not be hardened into routine, depending on the situation…the one day suspension under these circumstances, absent other considerations, would not be inconsistent with the just cause standard." The suspension was set aside and reduced to a written reprimand. |
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