Arbitrator Rolland C. Toenges    

Issue: Unilateral Implementation of ESST             

After failing to come to agreement on CBA changes to handle the new Earned Sick and Safe Time law, ER unilaterally implemented its proposal to use existing vacation leave to meet requirements of ESST. Union filed grievance over changes made, taking position it should receive another 48 hours in addition to the vacation leave currently granted under CBA.      

Grievance Sustained      ER ordered to cease and desist from taking CBA earned vacation benefits for ESST and to make whole any employee from whom vacation time was taken for ESST.

Arbitrator Rolland C. Toenges    

Issue: Unilateral Implementation of ESST             

After failing to come to agreement on CBA changes to handle the new Earned Sick and Safe Time law, ER unilaterally implemented its proposal to use existing vacation leave to meet requirements of ESST. Union filed grievance over changes made, taking position it should receive another 48 hours in addition to the vacation leave currently granted under CBA.      

Grievance Sustained      ER ordered to cease and desist from taking CBA earned vacation benefits for ESST and to make whole any employee from whom vacation time was taken for ESST.

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• State of Minnesota

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