Case: Labor Arbitration/Leave Accumulation (Arb.)

Providence Sacred Heart Medical Center didn’t violate the collective bargaining agreement when it placed the grievant, a registered nurse, on the lowest tier status for paid time off accrual after she was rehired following a three-year absence, Arbitrator John A. Obee ruled. Despite the grievance’s filing five years after rehire, the laches doctrine isn’t applicable, the medical center wasn’t prejudiced by the delay, and the grievance is arbitrable. However, contract language involving full “years of service” pertains to severance pay and doesn’t carry over to the agreement’s PTO accumulation provision. The agreement’s PTO use provision states that leave accumulates either ...