Daily Labor Report®

Case: Labor Arbitration/Discharge (Arb.)

Jan. 12, 2021, 8:54 PM

A utility company had just cause to discharge a utility worker who failed the “Active Gas to a Customer” test four times even though he was twice provided retraining—including “ride alongs” with senior and journeyman utility workers—since the required testing every three years, or in this case upon application for promotion, is a reasonable rule promoting the safety of both customers and employees, Arbitrator Richard Van Kalker ruled. The grievant had prior notice in the CBA that he would be regressed to base utility worker upon failure to qualify and that entry-level workers who fail the test “may be subject...

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