University of Minnesota & Teamsters Local 320

Arbitrator Jeffrey W. Jacobs

Issue: Termination

Long-time employee terminated when unable to return to work performing essential functions following FMLA leave, an extension to accommodate additional time to seek reevaluation, and exhaustion of all paid leave benefits. Grievance filed with Union arguing past accommodations could have been provided in this instance. Cites CBA language prohibiting discrimination based on physical disability.

Grievance Denied Not disciplinary discharge, so no need to prove just cause. EE unable to perform essential functions of job; contract does not require ER to create light duty job where none exists. EE did not request an accommodation for disability, asked for an extension of leave time. Eligible to consider/be considered for positions he can perform.

"> University of Minnesota & Teamsters Local 320

Arbitrator Jeffrey W. Jacobs

Issue: Termination

Long-time employee terminated when unable to return to work performing essential functions following FMLA leave, an extension to accommodate additional time to seek reevaluation, and exhaustion of all paid leave benefits. Grievance filed with Union arguing past accommodations could have been provided in this instance. Cites CBA language prohibiting discrimination based on physical disability.

Grievance Denied Not disciplinary discharge, so no need to prove just cause. EE unable to perform essential functions of job; contract does not require ER to create light duty job where none exists. EE did not request an accommodation for disability, asked for an extension of leave time. Eligible to consider/be considered for positions he can perform.

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Arbitration Award Summaries

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BMS Case No. 25PA1850 - University of Minnesota

University of Minnesota & Teamsters Local 320

Arbitrator Jeffrey W. Jacobs

Issue: Termination

Long-time employee terminated when unable to return to work performing essential functions following FMLA leave, an extension to accommodate additional time to seek reevaluation, and exhaustion of all paid leave benefits. Grievance filed with Union arguing past accommodations could have been provided in this instance. Cites CBA language prohibiting discrimination based on physical disability.

Grievance Denied Not disciplinary discharge, so no need to prove just cause. EE unable to perform essential functions of job; contract does not require ER to create light duty job where none exists. EE did not request an accommodation for disability, asked for an extension of leave time. Eligible to consider/be considered for positions he can perform.

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