Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Hilary Mofsowitz denied the union’s grievance and ruled that an employer had just cause to discharge a team lead for sexual harassment and for creating a hostile work environment in violation of company code and policy. Multiple unit employees testified that the grievant regularly made crude sexual remarks about male subordinates and there wasn’t evidence the testimonies were false. Disparities existed between the grievant’s version of events during the investigation and during arbitration, and disputed evidence regarding alleged sexually explicit figurines in the office wasn’t dispositive. The reprimand her supervisors received for not addressing her conduct—nor her long service ...