Grievance Discussion Case 3: Safety Gloves Discharge, with Just Cause?

BACKGROUND This notice was posted on the lunch room bulletin board of the Los Angeles Reclamation facility of the Barrera Recycling Company. Rafael Gomez was the general manager of this facility, and Erin McNamara was an employee with approximately 20 years of seniority and was represented by Local 37 of the United Paperworkers International Union. McNamara's usual task was handling bundles of newsprint that were bound with plastic straps. McNamara cut the plastic straps and placed the newsprint into a baling machine. The plastic straps were tight, so it was difficult to slide a hand under the strap to lift the bundle and cut the strap. Consequently, McNamara and other employees would not wear the company's bulky safety gloves when lifting the bundles and cutting the straps. Occasionally, and not on a fixed schedule, McNamara would be required to sort loose paper, tin cans, and bottles which arrived in 30-gallon plastic bags. Many of the bottles arrived broken, and the tin cans contained sharp edges, so it was important to wear safety gloves. McNamara ate her lunch in her pickup truck and had never been to the lunch room. She did not speak or read Spanish. McNamara was transferred to this facility from a Long Beach facility in January and in October was given a disciplinary three-day suspension by Gomez. Prior to this suspension, Gomez had six or seven conversations, which he considered verbal reprimands, with McNamara over work performance and safety issues. One (according to McNamara) or two (according to Gomez) of these conversations dealt with McNamara sleeping through safety meetings. Two others pertained to McNamara's failure to wear safety gloves, another the failure to wear a hard hat (McNamara had accidentally left it in her truck), and still another the failure to wear appropriate safety glasses. McNamara had been issued safety glasses without side panels at the Long Beach facility, but Gomez insisted on glasses with side panels. The company, however, paid for one set of eyeglasses per year, and upon being informed of this benefit, McNamara obtained the appropriate eyewear. The seventh and final conversation before the suspension occurred on October 26 when Gomez noticed McNamara reading Sports Illustrated during working hours. On October 28 McNamara was suspended for three days, and her disciplinary notice contained the following warning:Page 338 Should you violate any Barrera rules or regulations during the next 12 months, you will be immediately discharged from Barrera employment. No grievance was filed protesting this suspension. December 9 began like nearly every day for McNamara: lifting the bundles of newsprint, cutting the plastic straps, and putting the paper into the balernot wearing safety gloves because it was more efficient. However, a little while later an unexpected delivery of 30-gallon plastic bags arrived, and McNamara and several other employees had to sort the paper, tin cans, and bottles. The other employees donned their safety gloves for this task, but McNamara had left hers in her pickup truck because the delivery was not expected. Thirty minutes later Gomez wandered by and observed McNamara sorting the materials without safety gloves. After explaining that they were in her pickup truck, she was ordered to go get them. Three minutes later she returned with the gloves and continued sortingthis 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 grounds that the company did not have just cause. POTENTIALLY RELEVANT CONTRACT PROVISIONS Article IGeneral Purpose of Agreement The general purpose of this agreement is, in the mutual interest of the plants and the employees, to provide for the operation of the plants hereinafter mentioned under methods which shall further to the fullest extent possible, the safety of the employees, economy of operations, cleanliness of plants, and protection of property. It is recognized by this agreement to be the duty of the plants and the employees to cooperate fully, individually, and collectively for the advancement of said conditions. Article XIXNondiscrimination Neither the company nor the union shall discriminate against any employee because of race, color, religion, sex, age, handicap, or national origin. The parties further agree that they shall not discriminate against qualified handicapped individuals, qualified disabled veterans, or qualified veterans of the Vietnam Era. Article XXCauses for Immediate Discharge Section 1. Causes for immediate discharge are as follows: Bringing intoxicants into or consuming intoxicants in the plants or on plant premises. Reporting for duty under the influence of liquor. Disobedience. Smoking in prohibited areas. Deliberate destruction or removal of plant or another person's property. Neglect of duty. Refusal to comply with plant rules, provided that such rules shall be posted in each department where they may be read by all employees and further, that no changes in present rules or no additional rules shall be made that are inconsistent with this agreement, and further provided that any existing or new rules or changes in rules may be the subject of discussion between the standing committee and the local plant manager and in case of disagreement, the procedure for other grievances shall apply. Disorderly conduct. Dishonesty. Sleeping on duty. Giving or taking a bribe of any nature as an inducement to obtaining work or retaining a position. Reading books, magazines, or newspapers while on duty, except where required in line of duty. Failure to report for duty without bona fide reasons. Reporting to work under the influence of any drug, marijuana, alcoholic beverage, or any other mind-altering substances; or the possession or use, thereof during work, on work premises or in plant-owned/leased vehicles. Section 2. Discharge or suspension of an employee (not including a temporary layoff) shall be based on just and sufficient cause with a full explanation given to the employee. Article XXIAdjustment of Complaints Section 5. It is recognized and understood that management's right to discipline shall include the right to reprimand or warn an employee. The receipt of a written reprimand or warning shall be subject to the grievance procedure as set forth herein. Provided further, all written reprimands of which a record is kept will be stricken from the plant's files and the employee's work record after a period of one (1) year in which the employee received no reprimands.

Questions:

1. As the person responsible for labor relations at Barrera Recycling Company, articulate a case to support your contention that there was just cause for the discharge of Erin McNamara.

2. As the chief steward for Local 37, how would you substantiate your allegation that the dismissal violated the collective bargaining agreement?

3. As an arbitrator, how would you rule? Why?