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 24.01, 24.02, 24.05

Attachment List

• 1603
• 1603

Contract Violations

Holding

Grievance GRANTED. The Arbitrator found that the Employer did not have just cause to remove the Grievant for patient abuse, where the Grievant had used a “hammerlock” hold on a patient. The arbitrator concluded that the use of a hammerlock, while not one of the authorized holds in the TWART manual, was not any more harsh or hazardous than any of the authorized holds, and he rejected any suggestion that the use of any hold that is not ‘facility approved” and that is not “taught to employees” is necessarily abusive. The arbitrator reinstated the Grievant to his former position with full back pay and benefits less interim earnings.