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A
7337-1585-02 - Michigan State University
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| Issue: | Five day suspension - accident with vehicle. |
| Result: | The
grievant was issued a five day suspension for causing damage to a University
vehicle. The employer argued employee error in that the grievant had gotten into the vehicle and, upon ignition, it lurched forward and hit a girder under the stadium. The Union argued that the vehicle was unsafe; the employee had not been properly trained; and disparate treatment. The arbitrator, in granting the grievance, concluded that: 1. The grievant was an eight year employee with a good record. 2. The accident was unintentional and there is no evidence of negligence or improper operation of the vehicle by the grievant. 3. The grievant received no training in safely or operation of the vehicle. 4. The suspension was not issued until five weeks after the incident, an inordinate delay in the imposition of disciplinary action. 5. Disparate treatment was present in that others had been involved in accidents and were not suspended. The grievance was granted. |
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