Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Andrea L. Dooley ruled that USS-Posco Industries didn’t have just cause to discharge a production worker for secretly recording a conversation between his supervisor and a co-worker without their knowledge and consent in violation of the law and plant rules. She found that the company failed to prove that this recording took place or that the grievant was responsible for it, because the employer’s evidence was entirely second- and even third-hand hearsay, including a declaration submitted in part because the CBA prevents management from calling union members as witnesses and vice-versa. The employer failed to conduct an adequate investigation ...