Labor Relations Fundamentals for Community College Districts

 Arbitrator refusal to consider material evidence, or

 Arbitrator exceeding his or her powers. 127

Furthermore, an arbitrator may not reform the express and unambiguous language of a labor agreement after it has been agreed upon and executed by the parties. The California Court of Appeal has held that an arbitrator exceeded her authority by reforming a labor agreement. 128 In that case, prior agreements between the parties allowed for employees to contribute earned leave credits into a union release time bank, which included a cap on the number of hours of leave that could be accumulated. The parties thereafter removed the cap from one section of the current agreement while leaving the cap in another section. A dispute subsequently arose regarding the union exceeding the cap and the parties arbitrated the issue. The arbitrator determined that based on the parties’ “off the record” discussions during negotiations, the parties had agreed to remove the cap in both sections of the agreement. The Court of Appeal ruled that the express written language of the agreement bound the arbitrator and that she exceeded her authority by removing the cap from the labor agreement. 129 If the employer and union intend for statutory claims to be addressed through the grievance procedure, the labor agreement should specify that statutory rights arising from the interpretation or application of the provisions of the agreement, such as rights under the California Labor Code and Government Code, and rights under the Fair Labor Standards Act, are subject to grievance and arbitration procedures. Unless a labor agreement includes a clear and unmistakable waiver of the right to a judicial forum for statutory causes of action, arbitration of those statutory claims will not be compelled. 130

I SSUES AND C HALLENGES

S ECTION 8

A. I NTRODUCTION It is important to identify those major areas or issues that most frequently give rise to grievances. An awareness of these issues enables a district to assess its own errors and take any necessary corrective measures, such as in-service training. A study of major grievance topics yields a clue to the employee organization’s criteria for what it considers major issues.

B. G RIEVANCE I SSUES

Grievances may arise from numerous causes. Many first-line supervisors or managers may find themselves repeatedly addressing grievances involving the following:



Disciplinary Actions

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Excessive Absenteeism

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Insubordination

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 50