Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Shianne Scott denied the grievance filed by the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union against Amalgamated Sugar Company, ruling that the company had just cause to terminate the grievant for flagrant abuse of sick leave. The grievant announced to coworkers that she would call in sick over a weekend because she was unhappy with her work assignment, despite having an approved intermittent FMLA condition for migraines. Arbitrator Scott applied a clear and convincing evidence standard and found the testimony of coworkers who heard the grievant’s statements more credible than the grievant’s written statement, concluding that the ...