Grievance Discussion Case 3: Safety Gloves Discharge, with JustCause? BARRERA RECYCLING COMPANY LOS ANGELES RECLAMATION REGLAS DESEGURIDAD
11. Zapatos de seguridad y lentes deben ser usados todo eltiempo. Otras de seguridad deben ser usadas si lo indica elsupervisor.
BACKGROUND This notice was posted on the lunch room bulletinboard of the Los Angeles Reclamation facility of the BarreraRecycling Company. Rafael Gomez was the general manager of thisfacility, and Erin McNamara was an employee with approximately 20years of seniority and was represented by Local 37 of the UnitedPaperworkers International Union. McNamara’s usual task washandling bundles of newsprint that were bound with plastic straps.McNamara cut the plastic straps and placed the newsprint into abaling machine. The plastic straps were tight, so it was difficultto slide a hand under the strap to lift the bundle and cut thestrap. Consequently, McNamara and other employees would not wearthe company’s bulky safety gloves when lifting the bundles andcutting the straps. Occasionally, and not on a fixed schedule,McNamara would be required to sort loose paper, tin cans, andbottles which arrived in 30-gallon plastic bags. Many of thebottles arrived broken, and the tin cans contained sharp edges, soit was important to wear safety gloves. McNamara ate her lunch inher pickup truck and had never been to the lunch room. She did notspeak or read Spanish. McNamara was transferred to this facilityfrom a Long Beach facility in January and in October was given adisciplinary three-day suspension by Gomez. Prior to thissuspension, Gomez had six or seven conversations, which heconsidered verbal reprimands, with McNamara over work performanceand safety issues. One (according to McNamara) or two (according toGomez) of these conversations dealt with McNamara sleeping throughsafety meetings. Two others pertained to McNamara’s failure to wearsafety gloves, another the failure to wear a hard hat (McNamara hadaccidentally left it in her truck), and still another the failureto wear appropriate safety glasses. McNamara had been issued safetyglasses without side panels at the Long Beach facility, but Gomezinsisted on glasses with side panels. The company, however, paidfor 337 one set of eyeglasses per year, and upon being informed ofthis benefit, McNamara obtained the appropriate eyewear. Theseventh and final conversation before the suspension occurred onOctober 26 when Gomez noticed McNamara reading Sports Illustratedduring working hours. On October 28 McNamara was suspended forthree days, and her disciplinary notice contained the followingwarning: Should you violate any Barrera rules or regulations duringthe next 12 months, you will be immediately discharged from Barreraemployment. No grievance was filed protesting this suspension.December 9 began like nearly every day for McNamara: lifting thebundles of newsprint, cutting the plastic straps, and putting thepaper into the baler—not wearing safety gloves because it was moreefficient. However, a little while later an unexpected delivery of30-gallon plastic bags arrived, and McNamara and several otheremployees had to sort the paper, tin cans, and bottles. The otheremployees donned their safety gloves for this task, but McNamarahad left hers in her pickup truck because the delivery was notexpected. Thirty minutes later Gomez wandered by and observedMcNamara sorting the materials without safety gloves. Afterexplaining that they were in her pickup truck, she was ordered togo get them. Three minutes later she returned with the gloves andcontinued sorting—this time with the safety gloves. Gomez, however,felt that discipline was appropriate and fired her. Consequently,Local 37 filed a grievance protesting the discharge on the groundsthat the company did not have just cause.
POTENTIALLY RELEVANT CONTRACT PROVISIONS
Article I—General Purpose of Agreement The general purpose ofthis agreement is, in the mutual interest of the plants and theemployees, to provide for the operation of the plants hereinaftermentioned under methods which shall further to the fullest extentpossible, the safety of the employees, economy of operations,cleanliness of plants, and protection of property. It is recognizedby this agreement to be the duty of the plants and the employees tocooperate fully, individually, and collectively for the advancementof said conditions.
Article XIX—Nondiscrimination Neither the company nor the unionshall discriminate against any employee because of race, color,religion, sex, age, handicap, or national origin. The partiesfurther agree that they shall not discriminate against qualifiedhandicapped individuals, qualified disabled veterans, or qualifiedveterans of the Vietnam Era.
Article XX—Causes for Immediate Discharge Section 1. Causes forimmediate discharge are as follows: Bringing intoxicants into orconsuming intoxicants in the plants or on plant premises. Reportingfor duty under the influence of liquor. Disobedience. Smoking inprohibited areas. Deliberate destruction or removal of plant oranother person’s property. Neglect of duty. Refusal to comply withplant rules, provided that such rules shall be posted in eachdepartment where they may be read by all employees and further,that no changes in present rules or no additional rules shall bemade that are inconsistent with this agreement, and furtherprovided that any existing or new rules or changes in rules may bethe subject of discussion between the standing committee and thelocal plant manager and in case of disagreement, the procedure forother grievances shall apply. Disorderly conduct. Dishonesty.Sleeping on duty. Giving or taking a bribe of any nature as aninducement to obtaining work or retaining a position. Readingbooks, magazines, or newspapers while on duty, except whererequired in line of duty. Failure to report for duty without bonafide reasons. Reporting to work under the influence of any drug,marijuana, alcoholic beverage, or any other mind-alteringsubstances; or the possession or use, thereof during work, on workpremises or in plant-owned/leased vehicles. Section 2. Discharge orsuspension of an employee (not including a temporary layoff) shallbe based on just and sufficient cause with a full explanation givento the employee.
Article XXI—Adjustment of Complaints Section 5. a. It isrecognized and understood that management’s right to disciplineshall include the right to reprimand or warn an employee. Thereceipt of a written reprimand or warning shall be subject to thegrievance procedure as set forth herein. b. Provided further, allwritten reprimands of which a record is kept will be stricken fromthe plant’s files and the employee’s work record after a period ofone (1) year in which the employee received no reprimands.
QUESTIONS:
1) As the person responsible for labor relations at BarreraRecycling Company, articulate a case to support your contentionthat there was just cause for the discharge of Erin McNamara.
2)As the chief steward for Local 37, how would you substantiateyour allegation that the dismissal violated the collectivebargaining agreement?
3)As an arbitrator, how would you rule? Why?
