IN A BOARD OF ARBITRATION PROCEEDINGS PURSUA~T TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE PARTIES

Size: px

Start display at page:

Download "IN A BOARD OF ARBITRATION PROCEEDINGS PURSUA~T TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE PARTIES"

Jonathan Lawson
5 years ago
Views:

1 IN A BOARD OF ARBITRATION PROCEEDINGS PURSUA~T TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE PARTIES.( In the Ma tte;- of a Controversy ) ) 5 between ) ) 6 INTERNATIONAL BROTHERHOOD OF ) ELECTRICAL WORKERS, Local Union) 7 No. 1245, ) ) 8 Complainant, ) ) 9 and ) Arbitration Case No. 89 ) 10 PACIFIC GAS AND ELECTRIC ) COMPANY, ) 11 ) Respondent. ) U ) ) Volume II, pages 156 through 165, inclusive. Met Tuesday, April 21, 1981 at 10:00 o'clock a.m. 245 Market Street, Fourth Floor Conference Room San Francisco, California GERALD A. BROWN, Chairman of the Board..,... Capitol Towers, No. 14-N 1500 Seventh Street Sacramento, California BOARD MEMBERS ON BEHALF OF THE UNION: JOE VALENTINO, Business Representative and VEODIS STAMPS, Business Representative International Brotherhood Electrical Workers Local Union 1245 Post Office Box Walnut Creek, California BOARD MEMBERS ON BEHALF OF THE EMPLOYER: PAUL C. HEILMANN, Manager, Gas Utilization Departmen and.patrick,n. LO~G, Industrial Relations Reprepresentative Pacific Gas and Electric Company 245 Market Street San Francisco: California CERTIFIED SHORTHAND AEPOATER CERTIFICATE NO 254. "..._no...,."" _

2 , l' LAWRENCE V. BROWN, Esquire Pacific Gas and Electric Company 245 Market Street San Francisco, California JERROLD M. LADAR, Esquire 507 Polk Street, Suite 310 San Francisco, California Representing Grievants Velez, Keesee and Wilso NEYHARD, ANDERSON, NUSSBAUM, REILLY & FREITAS 100 Bush Street, Suite 2600 San Francisco, California By: JOHN L. ANDERSON, Esquire Representing IBEW Local 1245 BEESON, TAYER, KOVACH & SILBERT 100 Bush Street, Suite 1500 San Francisco, California By: KENNETH N. SILBERT, Esquire Representing qrievants Barnes, Baldonado. Lovecchio and DeCausernaker CARROLL, BURDICK & McDONOUGH One Ecker Building Ecker and Stevenson Streets San Francisco, California Representing Henry Allen, TornGomez and Harvey ~iallace NEYHART, ANDERSON, NUSSBAUM, REILLY & FREITAS 100 Bush Street, Suite 2600 San Francisco, California Representing Grievants Wolfe, Ackel, Aubert, Cooke, Dalley, Hailey, Presley: Anna Gomez and Navarro t CERTIFIED SHORTHAND REPORTER,.. 'I".C' A.IE' W#\.

3 ~ ~ Reilly and Freitas by John L. Anderson for the Union. MR. SILBERT: Kenneth Silbert on behalf of the Grievants Barnes, Baldo~ado, "Lovecchio and DeCausemaker. in January -- asked him whether he was still interested in proceeding with this case and to respond if he was. If he didn't,.we would assume he wasn't interested. That was a letter sent by registered mail and received by Mr. 19, 1981, which he was requested to respond either to his counselor to the Local Union by January 26, 1981, and we received no response. The letter requested that he so cart.,ied SHORTHAND REPORTER CERTIFICATE NO~'

4 counsel would. consider that he no longer wished to pursue this grievance in this matter. We have a copy of the letter which I will nqt enter into the record, out I will make that representation for the record. THE CHAIRMAN: Other'appearances? confirmed by letter. So on that basis I am no longer ~epresenting Mr. W, W!'s grievance with prejudice. MR. KOPKE: I am Alan Nicholas Kopke of Neyhart,' Anderson, Nussbaum, Reilly and Freitas r~?~esenting Grievants THE CHAIRMAN: Are there any other appearances? MR. ANDERSON: I think that's all the appearances, I would like to ask the Company to make a representation for the record -- first of all, I would like to CEFlTlFIED SHORTHAND REPORTER CEl'lTlFlCATE NO 25q

5 There -is one thing I would like on the record, and I ask the.company to make this representation if it. ~ that we have requested the Company to go to arbitration. u separately or separate out one or two grievances to go to I p arbitration and settle the rest and that the Company's 9 position has been that they want a comprehensive settlement D covering everybody. They are not willing to go to arbitra-! I tion piecemeal. it : is this, as I understand it,.and I am going to ask each counselt.o indicate whethe r or not the individuals that are 23 With respect to those suspensions, the record of 14 those suspensions may not be used for the purposes of any IS subsequent discipline with the exception of subsequent nari CEItT"'EO 8HOIlTHAND R90ATEFI

6 Chas a currently pending arbitration case involving a discharge, the suspension involved in this case is not to be referred to by either party in her discharge arbitration. MR. BROWN: So stipulated. MR. SILBERT: Mr. B is present and my understanding is he has agreed also. MR. ANDERSON: C? MR. KOPKE: Ms. C' agreed. MR. ANDERSON: H? MR. KOPKE: We were unable to contact her. She is JA.cK SMITH CEATWIED SHORTHAND REPORTER "'C"'t~"".TC~:""~c,.

7 on vacation, and we tried to track her down, both the ir0mpany and the Union; where she was supposedly on vacation; but, we were unable. to.reach her. be somewhat equivocal because last night when I spoke with him he was opposed, but when I spoke with him just today, he did not voice opposition to the settlement.. Now with respect to Mr. P, the ten-day luspension has been reduced to three-day suspension. their records cleared in total and receive back pay for the ten days suspension at seven and a half percent interest. CERTIFieD SHOATHAND "EPO'ITER

8 MR. BROWN: Without retroactivity. 50 stipulated. '. " MR. SILVER: And I spoke with Mr. A., and.he 7 is agreeable to that settlement. by stating the Grievants' dates of service, final classification and~te of pay. No reason or characterization of their termiation ~ill be given and the Company does not consider..; -. MR. BROWN: 50 stipulated. MR. ANDERSON: With respect to the Grievants cases with preju~ice as the record reflects. That is the agreement between the parties in total. MR. ANDERSON: Could we go off the record? THE CHAIRMAN: All right. (Remarks off the record.). CERTIFIEO SHOATHANO" REPORTER e"ati~le Tt! NO 2Wt

9 -.last night I in person. 17 He agreed to the withdrawal and settlement as just stated. 9 MR. KOPKE: I spoke with Mr. A a few minutes 10 ago on the telephone and with Mr. W ~resent in the. 11 room and both have agreed to the withdrawal and settlement 12 l as stated. I _14 l', ~6 point we had indications that all the-other Grievants had 17 agreed to the settlement and his ultimate stat~ent to me 18 was that he would accept the settlement with the money dis- 19 tribution we have indicated that would be available to him. MR. BROWN: So stipulated. MR. ANDERSON: Thatls it. THE CHAI~~N: Anything else for the record? MR. BROWN: The Company has nothing. certified SMOATHAHD"!~T R

10 _both parties. The hearing is now adjourned. (Whereupon, at the hour of 4:15 o;clock p.m. the proceedings were concluded.) ClftTlfl D SHORTHAND REPORTER,. TI.". T. llin,.

City of Miami. City Hall 3500 Pan American Drive Miami, FL www. miamigo v. corn. ,NN,, ^w. INCI] H OI ELi. Meeting Minutes

City of Miami. City Hall 3500 Pan American Drive Miami, FL www. miamigo v. corn. ,NN,, ^w. INCI] H OI ELi. Meeting Minutes City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. miamigo v. corn,nn,, ^w / ^ INCI] H OI ELi Meeting Minutes Tuesday, April 19, 2011 10:00 AM Commission Chambers Civil Service Board