Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Cary Morgen ruled that ATI Ladish Forging, LLC lacked just cause to terminate the grievant because it subjected him to double jeopardy when it discharged him for the same misconduct for which he’d already been disciplined approximately six weeks prior. The company had canceled the grievant’s millwright apprenticeship, demoting him to maintenance laborer—a substantial penalty—after discovering that he submitted falsified apprenticeship time records, then suspended and later terminated him for the same misconduct without discovering any new facts. Although the arbitrator found the grievant had knowingly submitted false work records, the company’s imposition of double jeopardy violated fundamental due ...