Klein, Hockel, Iezza and Patel helped bring Rite Aid victory following a two-day binding arbitration against the International Longshore and Warehouse Union, Local 26 (“ILWU”). An eighteen-year ILWU member grieved that he was wrongfully terminated because Rite Aid had not engaged in progressive discipline; he accordingly sought reinstatement and backpay. Rite Aid countered that the ILWU member was terminated for just cause because an investigation confirmed he tampered with safety equipment. At arbitration, Rite Aid established that the ILWU member received training on the safety equipment and completed regular safety and operational trainings – all of which ensured the ILWU member understood he was not allowed to alter the safety features and that he knowingly disabled those safety features. The Arbitrator agreed and accordingly denied the ILWU member’s grievance in full.
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