Arbitration Case 3505

Last week we took a "Return to Work" grievance to CROA (case 3505) and I am sorry to report that the arbitrator ruled against us. He accepted the company's argument and evidence and dismissed our case.

We had devoted a lot of time and effort to this case because not only did we believe in the arguments, but mainly because there was one of our members who had been wronged, had waited an ungodly amount of time to be returned to work, and had suffered a huge adverse financial effect because of it.

These cases are not only about winning and losing...not only about case law and jurisprudence... and not only about justice. They are more importantly about people. People that we have worked alongside for years. People that we know and that we like and that we share a common bond with.

On this recent case, Secretary/ Treasurer Wilson poured his heart and soul into the submission. I reviewed and added my opinions. Attorney David Brown then took it and expanded, edited and polished it, referencing even more case law. Though the griever could not attend the hearing due to medical reasons, Local Chairman Gary MacDougal (on his own time) went and interviewed him and put together a signed affidavit of the grievor's testimony which was presented at the hearing and read aloud by Brother MacDougal. Directors Spikula and Doherty accompanied Brother MacDougal and myself to CROA where we argued the case. So, as I'm sure you can understand, the arbitrator's decision was extremely frustrating.

Attorney Brown has given a written opinion against appealing Arbitrator Picher's decision based on arbitration appellate law and precedent.

However, a point that was driven home by the decision is that our membership may not be fully conversant with their duties and responsibilities under the "Duty to Accommodate" legislation. To correct this, over the next few months we are going to put together a summary of what your basic rights and responsibilities in this area are and then get it out to you.

I realize that the BMWE pulled out of the Return to Work committees a few years ago and that the company didn't really approach these cases as thoroughly and effectively as they could have… but that has changed now. We are working with the company on getting the RTW committees up and running effectively again.

We want to keep problems and disputes from arising, but we also want to insure that we can mount the best defense possible if you are unjustly treated in an RTW case and we believe that the front line of that defense should be education.

Until we can get the information out en masse, if you are ill or injured and are off work, contact your Director immediately and he will put you in touch with the RTW committee in your area. Don't assume that your Union or the RTW committee are aware of your absence... make sure that they are aware!

Thanks for your time and your support,

In solidarity and friendship

Bill Brehl
President
TCRC MWED