Question: peer reviewed feedback s the arbitrator required to decide on this case, I have to decide whether the employer breached the terms of the CBA
peer reviewed feedback s the arbitrator required to decide on this case, I have to decide whether the employer breached the terms of the CBA by refusing the grievants bereavement leave. Article of the CBA contains the following language regarding bereavement leave: The team member shall be entitled to bereavement leave of three days, which must be consecutive and contiguous to the death of an immediate family member. The CBA also allows the Sheriff to allow an extra two days in the sole jury service if the travel distance exceeds two hundred miles.
In this case, the grievant lost his grandmother on the evening of Thursday, June ; he did not get to know about this until he was at work on the following day, that is Friday, June He applied and was granted leave on Sunday, June the day of the funeral. He also asked for two more days of his production to be used: Monday, Jun, June and Tuesday, June The employer refused to pay bereavement leave for Tuesday as the company only recognizes three days, which they said are Friday, Saturday, and Sunday.
The question arises to determine what was meant by consecutive and contiguous to the death. The union legally supposed that the three days have to be consecutive and contiguous directly to each other, not starting immediately after death, which is logical for the circumstances of the case. The team member came to know about the death on Friday, and hence, he chose to take leave on the date of the funeral. Since the leave was approved for Sunday, this is in line with the approval of the subsequent days Monday and Tuesday following another consecutively and in an attempt to continue maintaining the intention of the CBA of providing for the leave following contiguity from the death.
The employer went against the permit of the CBA in regard to the nonapproval of the bereavement leaves for Tuesday. The language of the CBA does not require that the three days must be taken in a sequence beginning right after the death. Thus the interpretation allows the leave to be planned around the funeral as long as the three days are consecutive and continue from the funeral.
Preventing such a conflict could have been attained by the employer in relation to employees elaborating on the policy of bereavement leave and how 'consecutive and contiguous' was taken. Besides, the union could have discussed this issue and demanded clarification written undertakings on this clause at the bargaining table. Thus, both partners should extend the definition of the CBA to be more detailed on the commencement and usage of the bereavement leave.
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