Labor Relations Grievance Arbitration – Bereavement Leave
- Decision and Reasoning:
As the arbitrator in this case, I must determine whether the employer violated the collective bargaining agreement (CBA) by denying bereavement leave to the grievant. My decision hinges on the specific language within Article 23 of the CBA.
Here’s why the employer might have violated the CBA:
If Article 23 defines bereavement leave broadly, encompassing the death of a spouse, child, parent, or sibling, then the employer’s denial could be considered a violation. This interpretation aligns with common bereavement leave policies and recognizes the emotional distress experienced during these life events.
However, the employer might have grounds for denial based on the CBA wording:
If Article 23 narrowly defines bereavement leave, excluding the specific relationship for which leave was requested (e.g., grandparent, friend), the employer may have acted within the agreement’s bounds.
Ultimately, my decision rests on a neutral interpretation of Article 23’s language. Ambiguous wording should be interpreted in favor of the employee; however, clear limitations within the article would uphold the employer’s decision.
- Avoiding Conflict
Actions by the Union:
- Clarity During Negotiations: During negotiations for the next CBA, the union could propose clearer wording in Article 23. This could explicitly list covered relationships for bereavement leave or establish a broader category like “immediate family member.”
- Grievance Education: The union could educate members about the existing bereavement leave provision in the CBA. This would manage expectations and potentially reduce future grievances based on misunderstandings.
Actions by the Employer:
- Review and Clarification: The employer could proactively review Article 23 for potential ambiguities. Seeking legal counsel to assess the current wording could help identify areas for clarification during future contract negotiations.
- Compassionate Consideration: Even if the CBA doesn’t explicitly cover the specific relationship, the employer might consider granting leave on a case-by-case basis, demonstrating understanding and goodwill towards the employee.
By taking these steps, both the union and the employer can work towards clear communication and minimize the chances of similar grievances arising in the future
