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Sep 27 2016
Blitman & King Achieves Key Victories in Labor Law Arbitrations
Author(s): Blitman & King LLP
Tags: Labor
As the below arbitration decisions illustrate, Blitman & King has achieved substantial relief for the unions involved, among other things, obtaining reinstatement with full back pay and benefits in most instances. Although the descriptions of the facts make it appear that these were easy cases they were not; they were very difficult cases, as follows:
Reinstated with full back pay and benefits despite the employee’s violation of the Company’s no-fault absentee rules. Grievant had been unable to return to work while he/she was incarcerated for insurance fraud. (February 14, 2016)
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Reinstated with full back pay and benefits despite felony conviction for workers compensation fraud. Grievant had been terminated by the Company for that conduct. (July 31, 2013)
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Reinstated (no back pay or benefits). Grievant had assaulted a bus passenger after an altercation on the bus. Grievant ran after the passenger, tackled him and then kicked him. (September 24, 2015)
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Reinstated with full back pay and benefits despite the employee’s violation of the Company’s no-fault absentee rules. Grievant had been unable to return to work while he was incarcerated for immigration fraud. (May 19, 2016).
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Reinstated (no back pay and benefits.) Grievant had, while operating a bus, struck a cyclist. Just before the incident Grievant had engaged in a verbal altercation with the cyclist that ended with Grievant stating that next time maybe I will hit you. Within 30 seconds the cyclist was struck by the bus. (July 15, 2014).
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Awarded seniority for a period of time prior to his final employment. (October 26, 2015).
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