Published Date: 2021-08-05
CAPT wins Expedited Arbitration at ASH
Arbitrator upholds new contract language allowing shift leads to schedule meal breaks during first or last hour of shift
Atascadero Chapter Treasurer Richard Marshall and CAPT Consultant Ann Lyles delivered a successful win yesterday on a class action grievance involving Article 5.4 Rest Periods. The grievance, filed by Richard, escalated to expedited arbitration. As outlined in Article 13.4, expedited arbitration allows CAPT and the State to frame the issues at a hearing before an impartial arbitrator for a bench ruling.
At issue was management’s insistence on disregarding new bargained language that allows shift leads to schedule PT meal breaks during the first or last hour of a shift. The language was added to our 2019-2022 contract at our last bargaining session with the state. After that, hospital management notified Richard that it would not authorize shift leads to schedule first and last hour meal breaks. Richard said management blatantly refused to honor the new contract language, so he fought the matter through the grievance process to expedited arbitration. “It’s a shame that so much time and energy was spent enforcing contract language negotiated in good faith,” said Richard.
DSH representatives tried to argue before the arbitrator that Atascadero Hospital had special circumstances and should therefore not be subject to Article 5.4. The arbitrator disagreed and ruled in favor of CAPT, granting the grievance, binding the department’s compliance with Article 5.4 of our MOU.
If you have any questions, would like more information or need contract representation, please contact the Atascadeo Chapter at (805) 460-6131.
August 4, 2021 | Download Flier