Recent Labor Cases

In addition to many settled cases, McGuinness and Streepy Law Offices, L.L.C. has recently received decisions in several arbitration and NLRB hearings. If you would like additional information please contact one of our attorneys. Below is a list of our most recent cases

Retail Employer failed to prove misconduct (Wilkinson, 2011)

The Employer discharged a seafood department manager for allegedly rewrapping spoiled prawns. The Union contested the discharge due to a lack of evidence and failure to properly investigate the matter. The Arbitrator sided with the Union holding, “I have determined that the Employer has not sustained its burden of proving that the Grievant unwrapped the pulled 51/60 prawns and Canadian shrimp meat and then rewrapped and relabeled those items for later sale.” She also noted, “Although I am not addressing the adequacy of the Employer’s investigation as a separate issue, I do note that flaws in the Employer’s investigation have hurt its case.” The Arbitrator then noted that the Employer’s decision-maker failed to obtain a written statement or interview the Grievant, it failed to verify the questionable product was the same as the earlier pulled product, and interviewed the grievant in a hostile and sarcastic manner that may not have “evoked clarity of expression and communication.”

The Employer was ordered to reinstate the Grievant and to make him whole to the extent permitted by the Collective Bargaining Agreement.