Arbitration Award: CWA Local 9003/Verizon Accident Plan

On September 28, 2011, CWA District 9 and Local 9003 won a major victory when an arbitrator ruled against Verizon’s Accident Plan. In May, 2010, a Local 9003 employed as a cable splicer by Verizon inadvertently hit the mirror of a parked vehicle while driving. Subsequently, the Company suspended him for the remainder of the work shift plus one-day. Also, without the knowledge of the Local 9003 member, Verizon classified the accident as a Category I instance under the Company’s Safety Policy- resulting in his being placed on a minimum 10-year probationary period and a final warning. Neither the grievant nor the Local 9003 representative were notified of this action.  

The Company maintained the suspension was appropriate under its Safety Policy and it was under no obligation to notify either the worker or CWA as to what category the safety violation fell under.

CWA took the position Verizon hid from the employee, who had over 32 years of service with no prior motor vehicle accidents, and the Union the full scale of his discipline demonstrating management did not meet its “Just Cause” burden. “An employee has the right to all of the discipline being levied against him/her and the employer has the obligation to fully inform the employee of what the employee violated including all aspects of the discipline being administered.”

The arbitrator upheld Verizon’s ‘remainder plus one-day” suspension on the basis the Company was able to demonstrate it has suspended (other) employees for a “first offense” vehicle accident for many years.

However, the arbitrator found the 10-year probation and final warning of the discipline lacked reasonable proportionality to the violation, would have been punitive rather than corrective,” and was “blatantly ambiguous” with respect to the Company’s policy on operating a motor vehicle. Further, the arbitrator held Verizon’s combined discipline of a suspension, 10-year probation, and final warning were “highly questionable on various grounds.” Also, the arbitrator agreed with CWA that the worker was never fully informed of the Category I violation or of the additional discipline. Therefore, the arbitrator removed any additional discipline beyond the suspension.

This precedent-setting ruling supports CWA’s position that Verizon’s Safety Policy/Accident Plan is arbitrary and capricious- intended to be used as a method to control and intimidate Company employees. If CWA leaders and members should witness or know of Company behavior identified in this case, they should notify their Local Union president, and/or CWA Staff as well as the Union’s Occupational Safety and Health Department.