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 24.00

Attachment List

• 0268

Contract Violations

Holding

AWARD: 0268 (Revised) Grievant was removed for excessive absenteeism. The arbitrator Pincusì held that a previous non-grieved 1 day suspension for absenteeism wasì relevant in determining whether just cause for removal existed and denied theì grievance. He specifically held that "it is a well-established arbitral axiomì that once an employee is given notice of an adverse record, and the employeeì fails to file a grievance even if nothing precludes a filing, such entriesì are typically accepted on their face without a review of their merits." Theì arbitrator found that extended absenteeism existed which could not beì modified through further corrective actions. In addition, the union failedì to sustain its burden of proof or an allegation of disparate treatment.