Site Map Icon
RSS Feed icon
 
 
 

July 20, 2017

On This Day in 1940

An amendment to the 1939 Hatch Act, a federal law whose main provision prohibits federal employees from engaging in partisan political activity, is amended to also cover state and local employees whose salaries include any federal funds.
- Union Communication Services

Member Login
Username:

Password:


Not registered yet?
Click Here to sign-up

Forgot Your Login?


Labor Headlines

US labour news headlines from LabourStart

Arbitrator to US Foods: Follow 5-Step Disciplinary Process
Updated On: Feb 01, 2012

Feb. 1, 2012 | US Foods in Severn, Maryland, must handle Department of Transportation (DOT) violations through the same 5-step process it handles other disciplinary actions, according to a decision by arbitrator M. David Vaughn of the Federal Mediation and Conciliation Service.

The ruling, made by the arbitrator January 24, found US Foods violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally imposing in November 2010 an Hours of Service (HOS) policy for Local 355's 112 drivers without properly negotiating the terms with the Union.

The Employer notified the Union of its intention to roll out the new policy in August 2010. Because the policy involved a change in practice of the disciplinary steps, i.e., a reduction to 3 from the standard 5-step process, the Union sought to bargain over the changes and the likely impact on the drivers. Although a number of phone discussions were conducted with management about the policy, Union requests for additional information and answers to specific questions went unaddressed. The Union filed a formal grievance in November 2010 when the Company implemented its policy.

The Employer notified the Local in January 2011 denying the Union's grievance. Local 355 filed an unfair labor practice (ULP) charge with the regional National Labor Relations Board (NLRB), and in July 2011, the board deferred the charge to arbitration.The arbitration was heard in late fall 2011 during 2 days of testimony.

At a grievance meeting on a separate issue early in the dispute, the Severn-based management claimed implementation of their new HOS Policy was US Foods' response to a DOT audit at another location, and that because it "came from Corporate" and was being rolled out corporate-wide, their "hands were tied."

In his decision, the arbitrator wrote: "'Corporate policy' is not a defense to failure to bargain."

"We're very pleased with this outcome," said Ed Mulford, chief shop steward who lead the case through the grievance/arbitration process on behalf of the drivers. "While we encourage our members to remain in compliance with all DOT policies, we will continue to press for fairness in the application of discipline under the Company's policy."

Business agent Jim Deene notes that copies of the arbitrator's decision have been delivered to shop stewards, and Wednesday morning a copy of the last page (describing the arbitrator's award) will be posted on all the Union's bulletin boards. Additionally, you may download the arbitrator's entire 38-page Opinion and Award (pdf).



UnionActive Newswire
 
Join the Newswire!
Updated: Jul. 20 (05:01)

Why Net Neutrality Is a Working-Class Issue
Teamsters Local 888
Brake Rider Litigation
AMFA Local 32
MOTOR VEHICLE CONVERSIONS
APWU Cleveland Area Local
AMFA - SWA Technician Negotiations Update #59
AMFA
Congratulations to Our Scholarship Winners!
International Brotherhood of Electrical Workers, Local Union 21
AMFA – SWA Accident Investigation Team Party Coordinator Vacancy Notice and Call for Applicants
AMFA
 
     
 
 
Teamsters Local 355
Copyright © 2017, All Rights Reserved.
Powered By UnionActive™

601870 hits since Jan 01, 2010
Visit Unions-America.com!

Top of Page image