Department of Administrative Services > Divisions > Collective Bargaining

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

24.04,24,24.01,24.06

Attachment List

2730 Arb Summary
2730

Contract Violations

Holding

Grievance GRANTED. The Arbitrator found that in this instant matter, there was no testimony from witnesses who were working in the facility during the interaction between the Grievant and M, therefore leaving the video as the primary focal point of the Employer’s case. The video does not provide the “clear and convincing” evidence necessary for a conclusion that the Grievant abused the client/resident. M accused the Grievant of hitting him on the cheek which left a red bump on his face. A medical examination of M indicated that M did not sustain a facial injury. There is no evidence that the Grievant struck him in the face.