Long Prairie Packing, Co. & United Food and Commercial Workers Local 1189      

Arbitrator Robert Altman             

Issue: ESST vs PTO Plan 

Parties negotiated change from accrued Vacation and Paid Personal Time to a Paid Time Off (PTO) System for the contract running 1/1/21 - 12/31/25. Of which 16 hrs could be used for emergencies. Upon new ESST law going into effect mid-contract, ER allowed EEs to take up to 48 hours of PTO as ESST. Union filed grievance claiming EEs entitled to an additional 32 hrs of leave to comply with the law.       

Grievance Denied            Fact pattern unique from other ESST arbitrations in that this ER has a PTO plan that meets standards of ESST law provisions. Managerial right exists to allow people to use more than the CBA limit of 16 hrs for emergency use without a violation of the attendance policy. Other cases sustained involved misuse of separate vacation and/or sick banks.

"> Long Prairie Packing, Co. & United Food and Commercial Workers Local 1189      

Arbitrator Robert Altman             

Issue: ESST vs PTO Plan 

Parties negotiated change from accrued Vacation and Paid Personal Time to a Paid Time Off (PTO) System for the contract running 1/1/21 - 12/31/25. Of which 16 hrs could be used for emergencies. Upon new ESST law going into effect mid-contract, ER allowed EEs to take up to 48 hours of PTO as ESST. Union filed grievance claiming EEs entitled to an additional 32 hrs of leave to comply with the law.       

Grievance Denied            Fact pattern unique from other ESST arbitrations in that this ER has a PTO plan that meets standards of ESST law provisions. Managerial right exists to allow people to use more than the CBA limit of 16 hrs for emergency use without a violation of the attendance policy. Other cases sustained involved misuse of separate vacation and/or sick banks.

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    FMCS Case No. 240618-07271 - Long Prarire Packing, Co.

    Long Prairie Packing, Co. & United Food and Commercial Workers Local 1189      

    Arbitrator Robert Altman             

    Issue: ESST vs PTO Plan 

    Parties negotiated change from accrued Vacation and Paid Personal Time to a Paid Time Off (PTO) System for the contract running 1/1/21 - 12/31/25. Of which 16 hrs could be used for emergencies. Upon new ESST law going into effect mid-contract, ER allowed EEs to take up to 48 hours of PTO as ESST. Union filed grievance claiming EEs entitled to an additional 32 hrs of leave to comply with the law.       

    Grievance Denied            Fact pattern unique from other ESST arbitrations in that this ER has a PTO plan that meets standards of ESST law provisions. Managerial right exists to allow people to use more than the CBA limit of 16 hrs for emergency use without a violation of the attendance policy. Other cases sustained involved misuse of separate vacation and/or sick banks.

     Last Modified: 5/23/2025 Size: 0 Author: Categories: Tags:
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