Decisions¹

Bremerton Metal Trades Council and Puget Sound Naval Shipyard

Bremerton Metal Trades Council and Puget Sound Naval Shipyard

This Decision involves a discussion of arbitrability in the timeliness of the filing of two grievances as well as the merits of the grievance challenging a five day suspension. The resolution of the suspension issue discusses the burden of proof on the employer and an analysis of making credibility resolutions. Finally, the Decision assesses the appropriateness of the five day suspension in light of the treatment of other employees.

Contract Interpretation and Discharge Decision

United Food & Commercial Workers, Local 7 and Kaiser Permanente

Both issues of contract interpretation and discharge are present in this Decision. The Union contends that no discharge can occur without progressive discipline as specified in the collective bargaining agreement. A careful analysis of the language of the agreement as well as past practice is made. The Decision also examines the contractual significance of both employer generated disciplinary rules as well as agreements of the parties outside of the contract. The significance of the burden of proof on the employer is discussed as well as Union claims of due process violations in the application of the apparent requirement of corrective action. Credibility issues are raised and discussed as well as the application of even handed treatment of an employee in a similar situation.

Contract Negotiations, Interpretation and Remedy

AWPPW Local Union No. 69 and Boise Cascade, LLC

Issues of whether a binding agreement during mid-contract negotiations was reached; whether such agreement was superseded by the master agreement; whether the mid-contract agreement was breached; and what remedy, if any, is appropriate are presented in this case. While the material facts are not disputed in this case, the meaning and significance of those facts are viewed differently be each party. A distinction between a “make whole” remedy and a “windfall” remedy is discussed.

Arbitrability, Contract Interpretation and Management Discretion

WSFE and State of Washington, on behalf of its Employment Security Department

Issues of the burden of proof in arbitrability and application of the continuing violation theory are discussed. A determination of whether applicable contract language is sufficiently ambiguous to permit extrinsic evidence is made. Evidence of conduct and statements in contract negotiations is applied to determine the intent of relevant contract language. An analysis of whether or not management discretion was exercised in good faith and not in an arbitrary or capricious manner is also made.