Grievance Information Detail

DENIED. The Employer filled a vacant, exempt position by transferring another exempt employee into the vacancy. A bargaining unit employee grieved the action. The Employer argued that it was not arbitrable since the position was bargaining unit exempt. The Arbitrator side-stepped the arbitrability question, and ruled on the merits. The Arbitrator rejected the Union's arguments concerning past practice and discrimination. The Arbitrator ruled that the Employer was within its rights to transfer an exempt employee to fill a vacancy created by another exempt employee.