Case: Labor Arbitration/Discharge (Arb.)

MV Transportation, Inc. didn’t violate the collective bargaining agreement nor the National Labor Relations Act when it discharged the grievant for allegedly violating a rule prohibiting inappropriate verbal conduct towards coworkers, Arbitrator Lee Hornberger ruled. The company’s preponderance of evidence proving that his alleged threat of committing violence against a coworker violated the CBA’s reasonable rule included a reasonable investigation, his prior knowledge of the rule, a fair application of the rule, and the corroborating testimonies of three other coworkers. Arbitrator Hornberger denied the grievance, concluded that the company’s legitimate, non-discriminatory reason for discharge didn’t run afoul of the NLRA, ...