Police lieutenant violated city police department’s general order and code of ethics provisions regarding abuse of authority when he called subordinate officer on his cell phone requesting his assistance in removing his girlfriend from apartment, where department policy requires that all calls for assistance go through dispatch and that calls involving another officer must be responded to by a supervisor, not a subordinate.
Bayer CropScience and Machinists (IAM) Local 598, BNA 138 LA 1405 (2018). Company did not violate the terms of its pension plan and therefore its labor agreement by failing to include overtime and bonuses in the calculation of "average monthly compensation" used to determine monthly retirement benefit for bargaining unit employees, where previous decisions of the plans benefits committee that overtime and bonuses are excluded from "compensation" used to determine monthly benefit are entitled to deference, as they were neither arbitrary nor capricious, applied consistently and furthers the purposes of the plan as it protects its solvency.
Covestro LLC and Machinists (IAM) District Lodge 54 -Company had just cause to discharge mechanic who falsely claimed disability in order to take time off work to coach his daughter's softball team, despite contentions that the grievant followed procedures for disability leave and no rule prohibits travel while on such leave, where he provided false information, honesty is expected in the workplace even without a specific rule, grievant provided misleading information and private investigator's evidence revealed that grievant's physical competencies were inconsistent with his medical restrictions and claims of physical pain.
Cincinnati State Technical and Community Colllege and FOP/OLC (2018) - Community College did not violate labor contracts "me too" provision when it increased wages for two classifications in IUOE bargaining unit where this was not a an increase for "non-bargained" employees and it was the result of a restructuring of duties.
Rite Aid of West Virginia and Teamsters (IBT) 2018 138 LA 225. (Company failed to establish violation of sexual harassment policy where grievants sexually explicit comments were made in private with no expectation they would be repeated.
Greif, Inc. and USW Local 13029 (2017) 137 LA 1229 (Discharge upheld for threat to shoot coworker and burn down the plant that was specific and perceived to be real by management.
Martinrea Heavy Stampings, Inc. and Automobile Workers, Local 2383 (2017) 137 LA 573 (Company did not violate Supplemental Agreement regarding "additional Buy-out".)
Columbia Gas of Ohio & USW Local 12319 (2015) 134 LA 25 (Company failed to establish violation of last chance agreement.)
Nuplex Reins & International Chemical Workers (2014) 133 LA 996 (Company failed to establish just cause in discharge of employee)
Jim Beam Brands & UFCW Local 277 (2014) 133 LA 924 (Union failed to establish contract violation in scheduling of temps.) Contract interpretation case.
Graphic Packaging International & USW Local 1462 (2013) 132 LA 1383 (Plant Closure agreement and release superseded CBA)
Emerald Performance Materials & UAW Local 2L (2013) 131 LA 1537 (Just cause for discipline; 5 day suspension reduced to 3 days per progressive discipline policy)
American Iron Ore & USW Local 2003 (2012) 130 LA 791 - Contract interpretation case. The Company did not violate the CBA in denial of Crew Leader pay.
Dakota Integrated Systems & UAW Local 3058 (2012) 130 LA 1254 (Employer violated express terms of vacation policy)
Greenbrier Hotel & Mid Atlantic Workers United (2011) 129 LA 371 The Hotel estabilished just cause to discharge grievant due to damage to Company property.
Anheuser Busch & IBT Local 783 (2011) 129 LA 1423 (Discharge upheld for failure to report accident.)
Department of Defense & AFGE Local 1992 (2010) 128 LA 1183 (Discharge upheld for bringing a weapon into the facility.)
Warren County Board of Education (2010) 128 LA 1109 (No violation of CBA established in reassigning Grievant's duties.)
Bayer Crop Science & IAM Local 656 (2006) 122 LA 1108 (Termination for failure to pass fitness for duty test was proper.)
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