Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Thomas J. Nowel ruled that the Ohio Department of Transportation had just cause to terminate the grievant’s employment due to her rude and disrespectful conduct toward her supervisor during a phone conversation. The fact that the grievant engaged in this conduct, categorized as insolent behavior in violation of the department’s policy, was never disputed. Arbitrator Nowel rejected the union’s argument that because the call was initiated while the grievant was on sick leave, the call should never have happened, and the misconduct should be overlooked. In addition, Arbitrator Nowel also noted that the grievant had previously gone through four ...