Bimbo Bakeries & Teamsters Local 346  

Arbitrator Nancy J. Miller-Levin 

Issue: Unilateral Implementation of ESST             

Contract does not provide for sick leave. Grievance filed when ER unilaterally decided to provide state mandated Extended Sick and Safe Time leave by taking from vacation and floating holiday leave provided in the collective bargaining agreement. ER argued allowed for more flexibility for EEs, union argued it impacted the guaranteed time off protections that exist with current leaves in contract.      

Grievance Sustained      ER violated the contract by requiring use of vacation and floating holiday to provided mandated ESST time. Must negotiate any changes with the union, while complying with both the state law and existing contract provisions. Ordered to Cease and Desist, make any impacted EEs whole, and restore any vacation or floating holiday hours that had been converted for sick leave.

"> Bimbo Bakeries & Teamsters Local 346  

Arbitrator Nancy J. Miller-Levin 

Issue: Unilateral Implementation of ESST             

Contract does not provide for sick leave. Grievance filed when ER unilaterally decided to provide state mandated Extended Sick and Safe Time leave by taking from vacation and floating holiday leave provided in the collective bargaining agreement. ER argued allowed for more flexibility for EEs, union argued it impacted the guaranteed time off protections that exist with current leaves in contract.      

Grievance Sustained      ER violated the contract by requiring use of vacation and floating holiday to provided mandated ESST time. Must negotiate any changes with the union, while complying with both the state law and existing contract provisions. Ordered to Cease and Desist, make any impacted EEs whole, and restore any vacation or floating holiday hours that had been converted for sick leave.

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Arbitration Award Summaries

Brief overviews of arbitration awards submitted to the Bureau.
FMCS Case No. 240311-04281

Bimbo Bakeries & Teamsters Local 346  

Arbitrator Nancy J. Miller-Levin 

Issue: Unilateral Implementation of ESST             

Contract does not provide for sick leave. Grievance filed when ER unilaterally decided to provide state mandated Extended Sick and Safe Time leave by taking from vacation and floating holiday leave provided in the collective bargaining agreement. ER argued allowed for more flexibility for EEs, union argued it impacted the guaranteed time off protections that exist with current leaves in contract.      

Grievance Sustained      ER violated the contract by requiring use of vacation and floating holiday to provided mandated ESST time. Must negotiate any changes with the union, while complying with both the state law and existing contract provisions. Ordered to Cease and Desist, make any impacted EEs whole, and restore any vacation or floating holiday hours that had been converted for sick leave.

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