Grievance Information Detail

OCB Case Number

Old Grievance Number

Award Number

Grievant's Name

Arbitrator

Agency

Union

First Chair

Union Advocate

Second Chair

Arbitration Date

Decision Date

Decision

Cost

Contract Articles 24.04

Attachment List

• no summary
• 0559

Contract Violations

Holding

AWARD: 0559 (Revised) The union grieved the prohibition of union stewards presence at State Highwayì Patrol investigating interviews. The arbitrator held that the patrol was notì a party to the contract, and was not equivalent to the employer. He statedì that union stewards were not a party to the investigation, and he clearlyì distinguished in criminal versus administrative interviews. Individuals underì investigation for criminal conduct had rights distinct from those afforded byì the contract, and conversely, individuals under administrative investigationì had distinct rights and expectations. He found the union had not negotiatedì any standard other than that outlined in Weingarten or 4117 on concertedì union activity. Weingarten afforded rights to representation from the unionì only at an interview with the Employer. The issues raised by the union wereì found largely to be beyond the scope of the contract and therefore outsideì the arbitrator's authority.