2428 Saint Clair Ave NE
Cleveland, OH 44114-4011
ph: (216) 861-3350
fax: (216) 861-4542
william
Below are some examples of recent success by Local 268 against the RTA in arbitration.
February 7, 2012
An arbitrator ordered the RTA to return Mr. Davidson to his job with back-pay, after it had wrongfully terminated him for an AWOL.
January 12, 2012
The RTA was ordered to return Mr. Bell to his job, when it was proven that the RTA failed to provide adequate notice of a purported zero tolerance cel phone policy.
January 7, 2012
An arbitrator granted Ms. Perryman Wilburn's grievance, requesting her job back and to be made whole, after the RTA wrongfully terminated her for an unsubstantiated claim of falsifying records.
October 27, 2011
An arbitrator found that the RTA failed to meet its burden of proof when it terminated Ms. Atkins for allegations regarding FMLA paperwork. The arbitrator ordered her to be returned to her job, with backpay and to be made whole. See the full arbitration award.
July 31, 2011
Local 268 prevailed in arbitration, returning Mr. McKernan to work at the Cleveland RTA with back pay after he was wrongfully terminated as being AWOL due to a dispute over his FMLA application.
July 21, 2011
An arbitrator found that the RTA lacked just cause to terminate Mr. Foy for allegations of being intoxicated at work and ordered that the RTA return him to his job.
April 25, 2011
Local 268 prevailed in an arbitration, with the arbitrator holding that the RTA violated the contract when the Hayden District called in operators from other districts to pick up runs. See the full arbitration award.
March 29, 2011
Mr. Tyus was awarded his job back with full back pay after an arbitrator found in favor of Local 268’s position that he was wrongfully terminated by the Cleveland RTA for a drivers license issue.
March 15, 2011
Local 268 prevailed in arbitration, returning Mr. Artemus Watts, IV to his job, after the RTA improperly terminated him for misses.
March 11, 2011
An arbitrator ordered the RTA to, “refrain from arbitrarily cancelling an employee’s vacation and mandating an employee to return to work, after said vacation has been properly requested, approved, and commenced.” The grievant was further given back 3 hours of vacation time. See the full award.
January 15, 2011
Mr. William Burrs was returned to work after an arbitrator found that the RTA violated the CBA and just cause when it terminated him for being AWOL.
October 25, 2010
Local 268 prevailed in arbitration, convincing the arbitrator that the Cleveland RTA breached the union contract when it subcontracted union work to NAPA by bringing NAPA onto its property to take over its management of supplying parts for RTA busses. See the full award.
August 10, 2010
An Arbitrator upheld ATU Local 268’s objections to the Cleveland RTA’s dangerous attempt to have employees without adequate training take over the skilled jobs of substation maintainers, who work on equipment providing electricity to the RTA rail system. See the full award.
June 1, 2010
Local 268 proved to an arbitrator that the RTA breached the contract by changing the shift hours of equipment department employees without first negotiating with the union. See the full award.
March 26, 2010
An arbitrator sustained Mr. Hurd’s grievance, finding that the RTA must pay him his shoe reimbursement and holding that the RTA violated Article 12, Section 1(c) of the contract by requiring him to sign a “Shoe Reimbursement Form” as a condition to receiving his reimbursement. See the full award.
March 2, 2010
RTA prevailed in an arbitration, convincing the arbitrator that the RTA violated seniority and a past practice when it stopped scheduling holiday work on the basis of seniority. Mr. Lavelle, who brought the original grievance, was awarded back-pay. See the full award.
February 1, 2010
An arbitrator ordered the RTA to return Ms. Flowers to work after it had terminated her for making a false report of an accident of another operator. The arbitrator concluded that, even if there were errors in her report, she was NOT a liar as the RTA claimed, but merely recorded her recollection of the accident. See the full award.
January 4, 2010
An arbitrator held that the RTA breached the contract when it stopped paying a night premium to supervisors and ordered the RTA to pay back-pay for all night premium not paid. See the full award.
December 2, 2009
Ms. Smith was returned to work with full back-pay after an arbitrator found that the RTA violated just cause when it terminated her being involved in an incident where a pedestrian was hit by her bus. The arbitrator found that the RTA failed to prove Ms. Smith did anything wrong, and found that her inability to see the pedestrian was likely due to the mirrors on the bus while making a left hand turn.
July 20, 2009
Local 268 prevailed in returning Mr. Rance to work with full back-pay after an arbitrator found that the RTA lacked just cause to terminate him when it lacked proof that Mr. Rance engaged in any insubordination, retaliatory conduct, or any other misconduct.
Arbitrations are a powerful tool to protect our rights and, when they are meritorious, should be pursued to push back the RTA's constant attempts to over-reach and ignore our contract.
A thank you goes out to our union attorney, Brian Smith, and his firm Sivinski & Smith, LLC for bringing their labor law experience to Local 268 to help us obtain many of these successes.
Copyright 2011 Amalgamated Transit Union Local 268. All rights reserved.
2428 Saint Clair Ave NE
Cleveland, OH 44114-4011
ph: (216) 861-3350
fax: (216) 861-4542
william
Amalgamated Transit Union