Last week a Marin General Hospital Teamster’s termination was overturned and ten members received more than $37,000 in restitution after the hospital failed to adhere to the terms of the collective bargaining agreement in both cases.
Arbitrator orders MGH to reinstate wrongfully terminated member.
When the hospital suddenly terminated a seven-year employee and Teamster with no prior disciplinary record, it was a clear breach of the Teamsters 856 collective bargaining agreement.
According the contract, the hospital is obligated to issue progressive discipline to members prior to termination.
“Progressive discipline is negotiated and exists to protect the members,” said Staff Attorney Susanna Farber. “There needs to be clear documentation of any ongoing issues so that the member and union representatives are able to address them,” she said.
After the Hospital refused to reinstate the member, Teamsters 856 took the case arbitration where the arbitrator not only overturned the termination, but also ordered the hospital pay the member more than two and half years of back pay, including benefits and interest.
“When the hospital blatantly disregards our collective bargaining agreement, we are prepared to take all steps necessary to achieve justice for our members,” said Farber.
Members receive 1200 hours in restitution
Ten members working in the sterile processing department collected 120 hours of pay each – a more than $37,000 total award – after the hospital outsourced their work in violation of the collective bargaining agreement.
The contract states that members who have let management know that they available for extra shifts are to be offered work before the hospital calls in outside agencies for help – even if this means the members will receive overtime pay.
After a grievance was filed, the hospital agreed to pay the members for the hours of work they had lost due to its failure to follow the contract.
“This win is incredibly significant because it demonstrates that the hospital now fully understands the intent of this language in the contract,” said Matthew Mullany, Teamsters 856 representative. “Moving forward, the hospital will not be able to plead ignorance when it comes to this negotiated contract language,” he said.