Walker Art Center & AFSCME 5 

Arbitrator Stephen F. Befort      

Issues: 1. Arbitrability         2. Suspension              

Gallery Assistant issued 60 day suspension for policy violations after 2 incidents of loud, aggressive behavior towards female EEs. Union contends level of discipline is excessive; EE was responding in part to Ers failure to provide a reasonable ADA accommodation in a timely manner. ER challenged arbitrability as grievance forms did not specify nature of alleged CBA violations. 

Grievance Sustained in part       1. Is arbitrable. While grievance document was sparse, it did indicate just cause violation and did not prejudice the ER's ability to assert a defense.  2. Conduct was unacceptable and warranted serious discipline, but 60 days excessive for first offense. Reduced to a 30 day unpaid suspension.

"> Walker Art Center & AFSCME 5 

Arbitrator Stephen F. Befort      

Issues: 1. Arbitrability         2. Suspension              

Gallery Assistant issued 60 day suspension for policy violations after 2 incidents of loud, aggressive behavior towards female EEs. Union contends level of discipline is excessive; EE was responding in part to Ers failure to provide a reasonable ADA accommodation in a timely manner. ER challenged arbitrability as grievance forms did not specify nature of alleged CBA violations. 

Grievance Sustained in part       1. Is arbitrable. While grievance document was sparse, it did indicate just cause violation and did not prejudice the ER's ability to assert a defense.  2. Conduct was unacceptable and warranted serious discipline, but 60 days excessive for first offense. Reduced to a 30 day unpaid suspension.

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    Arbitration Award Summaries

    Brief overviews of arbitration awards submitted to the Bureau.
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    FMCS Case No. 241127-01348 - Walker Art Center

    Walker Art Center & AFSCME 5 

    Arbitrator Stephen F. Befort      

    Issues: 1. Arbitrability         2. Suspension              

    Gallery Assistant issued 60 day suspension for policy violations after 2 incidents of loud, aggressive behavior towards female EEs. Union contends level of discipline is excessive; EE was responding in part to Ers failure to provide a reasonable ADA accommodation in a timely manner. ER challenged arbitrability as grievance forms did not specify nature of alleged CBA violations. 

    Grievance Sustained in part       1. Is arbitrable. While grievance document was sparse, it did indicate just cause violation and did not prejudice the ER's ability to assert a defense.  2. Conduct was unacceptable and warranted serious discipline, but 60 days excessive for first offense. Reduced to a 30 day unpaid suspension.

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