Case: Labor Arbitration/Discharge (Arb.)

Ox Industries had just cause to terminate the grievant for medical reasons, but did so prematurely, Arbitrator Thadd A. Gnocchi ruled. After the diabetic hypertensive grievant’s doctor certified his indefinite incapacity, the company discharged him at the conclusion of his 480 hours of Family Medical Leave Act leave, but he continued to receive short term disability payments until their exhaustion almost four months after his departure. While the doctor’s certification coupled with the grievant’s failure to inform Ox that he would return to work justifies his termination, contract construction principles stipulate that “medical leave” in the collective bargaining agreement must ...