City of Duluth & AFSCME Council 5      

Arbitrator Frank Kundrat

Issue: Suspension & Demotion  

HEO/union steward issued 15 day suspension for statements made to fellow EEs regarding their participation in an investigatory interview.ER points out threatening nature of words used, and that none of the EEs had requested his assistance for union representation. 

Sustained in part. 15 day suspension upheld as just cause existed and union steward immunity did not apply. However, would be excessive to demote long-time employee with no previous discipline record.

"> City of Duluth & AFSCME Council 5      

Arbitrator Frank Kundrat

Issue: Suspension & Demotion  

HEO/union steward issued 15 day suspension for statements made to fellow EEs regarding their participation in an investigatory interview.ER points out threatening nature of words used, and that none of the EEs had requested his assistance for union representation. 

Sustained in part. 15 day suspension upheld as just cause existed and union steward immunity did not apply. However, would be excessive to demote long-time employee with no previous discipline record.

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    BMS Case No. 24PA1147

    City of Duluth & AFSCME Council 5      

    Arbitrator Frank Kundrat

    Issue: Suspension & Demotion  

    HEO/union steward issued 15 day suspension for statements made to fellow EEs regarding their participation in an investigatory interview.ER points out threatening nature of words used, and that none of the EEs had requested his assistance for union representation. 

    Sustained in part. 15 day suspension upheld as just cause existed and union steward immunity did not apply. However, would be excessive to demote long-time employee with no previous discipline record.

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