CLERICAL AGREEMENT
TITLE 9 - GRIEVANCE PROCEDURE
Section 9.2 Grievance Subjects
| Section | Date | Description |
|---|---|---|
| ARB 15A | 2-61 | Under some circumstances, Union is able to grieve a probationary employee's discharge if the discharge is based on violation of Company rule, practice or policy. See Physical 102.2 and 106.5. |
| P RC 14998 | 2/16/2005 | Just cause for the WR given to an Ope. Clerk Typist, Fresno, for insubordination by e-mail. |
| P RC 15119 & 15122 | 2/16/2005 | No violation of the agreement occurred when Co. reduced to one prebid code per classification (Clerical) per location within Area 2 at East Bay, Diablo and Mission Divs. |
| RC 15015 | 12/30/2004 | Discharge of a Willow Creek Srv. Rep. for making false, misleading and fraudulent material representation regarding physical activities and abilities; Comm. agrees that if the employees Workers Comp. claim is accepted, then she would be entitled to supplemental benefits for the period of temporary disability. |
| RC 13583 | 12/11/2002 | Stockton Service Representative was discharged for inadvertently pasting a pornographic comment on a customers record and inappropriate and excessive use of e-mail; however, was reinstated without back pay, but will be placed on a DML effective for one year from the date of return. |
| P RC 12627 | 11/28/2001 | After a thorough investigation and tracing phone report, a DML given to a Sacramento Call Ctr. Svc. Rep. for disconnecting two customer calls resulting in complaints was for just and sufficient cause. |
| RC 12738 | 9/13/2001 | The discharge of a San Jose CC Sr. Svc. Rep I for disconnecting two customers was reduced to a DML effective for one year from her date of return. Agreed by reinstating with benefits intact as a Svc Rep with back pay at the Svc Rep rate. |
| P RC 12305 | 8/8/2001 | Given that the Sacramento Call Center Sr. Svc. Rep. was given twice written 10-day notice of her responsibility to provide the paperwork, the discharge for being off work and failing to submit a Leave of Absence application was for just cause. |
| P RC 12197 | 5/8/2001 | The amount of money and the length of time involved constitute just and sufficient cause for the discharge of an East. Oakland Svc. Rep. (almost 23 years of svc) for writing personal checks to the Company for which there were insufficient funds in her account (the grv. did not make any effort to clear her checks (totaling $570) for the 7 mos. she worked between cashing them and the time she went off sick for the 10 mos. she was off). |
| P RC 12198 | 5/7/2001 | Discharge is for just cause of an East Oakland Svc. Rep. for cashing employees personal checks, failing to timely deposit collections (totaling $26,858) and for using Company funds for personal use (using $3,000 for her own real estate transaction, however, she had paid it back). Delaying of deposits, holding checks while giving the cash and utilizing Company funds for personal use are all examples of theft of cash. |
| P-RC 10899 | 1/9/2001 | DML given to Sacramento Call Center Svc. Rep. for prematurely disconnecting a customer call was considered moot. Grievant is currently on LTD and is not expected to return. Case closed without prejudice to the position of either party. |
| P-RC 10656 | 12/4/2000 | Discharge is for just cause to a Fresno CC Svc. Rep. for inappropriately accessing customer information and then using that information for personal reasons. Being a short term employee, the grievant went over the line to consider mitigation. |
| Arb 234 | 11/17/2000 | Termination of the Oakland Utility Clerk for unacceptable work performance did not have just cause; when it was discovered after the employees termination that he had taken money from his cash box, the employee is not entitled to be reinstated, but is entitled to back pay. |
| Arb. # 240 | 11/6/2000 | The CSR who was terminated for manipulating the phone console to avoid and reduce availability to receive incoming calls was reinstated to employment as a customer service operator without loss of seniority. CSRs dismissal shall be converted to a disciplinary suspension without pay. |
| P-RC 11534 | 8/30/2000 | No-call/No-show the day after being C&Cd on tardiness that lead to the termination of the Sacramento Call Center Service Rep. Prior to termination, the SR was on an active DML for |
| P-RC 10322 & P-RC 10558 | 6/15/2000 | The discharge of a San Jose CC CSR for engaging in call avoidance activities is for just cause although the Comm. cannot make a determination as to whether this grievance was timely filed as there is insufficient information to draw any conclusion. |
| P-RC 2189 | 3/1/2000 | No violations occurred when the Company assigned the Call Center Service Rep. to process customer high bill inquiries (ECIs, Energy Cost Inquiries) and also to make adjustments and rebates. See also 607P. |
| P-RC 2247 | 1/19/2000 | DML and discharge was for just and sufficient cause for an Oakland Credit Rep. who accepted cash payment from customers, falsified Company work records, failed to properly safeguard Company funds twice, and altered customers record without authorization. See also 607. |
| P-RC 2237 | 1/12/2000 | A Fresno Call Center Cust. Svc. Rep. discharged for avoiding customer incoming calls was reinstated with backpay; benefits intact except for vacation forfeiture; but DML eff. for 1 year for misuse of Good Friday time off. In addition, WR for abuse of sick leave will go to 701 file and there will be on-going monitoring of the grievants performance and need for additional training. See also 607P. |
| P-RC 2243 | 1/12/2000 | Termination of a San Francisco Service Rep. was appropriate and for just cause for not properly safeguarding Company funds, i.e. cash shortage and, in addition, was on DML for attendance and tardiness problem. See also 607. |
| P-RC 2236 | 11/23/1999 | A Fresno CC Cust. Svc. Rep who was discharged for work avoidance was reinstated; backpay with benefits intact, but was given a WR in the work performance category for one year. See also 607. |
| P-RC 2223 | 9/20/1999 | A WR is for just cause when an intoxicated Ope. Clerk Typist behave inappropriately (pulling the fire alarm and conduct an abusive behavior) while attending a Company sponsored Christmas part at the San Ramon Learning Center. |
| RC 1825 ARB 233 | 8/3/1999 | A San Jose CC Service Rep. who was discharged for disconnecting customer calls was reinstated as a Utility Clerk in Richmond; 50% backpay less outside earning or unemployment; career preclusion from the SR classification; DML for 1 year following reinstatements; and non-precedential settlement. See also 607. |
| P-RC 2197 | 7/6/1999 | Discipline and restitution was appropriate to an employee from carrying an ineligible dependent on Co. benefit plans. With regards to other similar cases, agreed that employees will be required to make restitution of up to 2 years premium equivalents, but not to exceed $7,500, but may need to revisit this amount as the Co.s costs continue to rise. See also 7.1P and Benefits. |
| P-RC 2200 | 4/29/1999 | A long service Sr. Service Rep. I, who participated in the break-in of a supervisors file cabinet will be allowed to retire in lieu of a just cause discharge for violation of the Emp. Conduct Std. Practice 735.6-1. |
| P-RC 2112 | 4/20/1998 | Utility Clerk issued WR for failure to safeguard cash - reduced to OR; but subsequent failure to safeguard resulted in DML that was not grieved and is active. |
| P-RC 2106 | 2/12/1998 | Meter Reader issued DML for allegedly short-dialing. Grievant subsequently resigned. Case closed without prejudice or adjustment. |
| P-RCs 2093 & 2097 | 1/23/1998 | DML for deliberately disconnecting, transferring or muting customer call sustained in one case, reduced in the other. |
| P-RC 2091 | 7/18/1997 | Company discharged "AWOL" employee who did not return Leave of Absence form timely. Discharge reversed, leave granted, substantial back pay granted. |
| P-RC 2104 | 7/18/1997 | Grievant was issued a Written Reminder for granting improper adjustments to customer account; P-RC unable to agree if just cause existed; issue become moot by deactivation. |
| RC 1804 | 5/16/1997 | Employee was discharged for alleged theft of $100 cash from customer's payment. Customer later recanted claim of paying $100 cash. Grievant reinstated with partial backpay and at DML level of positive discipline. |
| P-RC 2077 | 12/23/1996 | Discharge of CSR sustained. Unauthorized deletion of 48-hour notice and credit extension for another employee and falsification of employee discount form. See also Physical 7.1. |
| Arb. 211 | 10/25/1996 | Discharge of a Meter Reader for curb read. Union argued was either a misread or the result of "short dialing." Arbitrator concluded it was a curb - discharge sustained. See also Exh.C. |
| FF# 6312 | 8/20/1996 | Discipline for harassment related to medical condition is to be consistent with harassment based on race/sex. See also 1.2 and Physical 7.1. |
| P-RC 2055 | 6/20/1996 | Grievant not a member of GLIP, terminated after WCAP benefits expired. Signed Comp. & Release with WCAB withdrawing grievances. See also Physical 7.12 |
| P-RCs 2056 & 2057 | 5/31/1996 | Discharge of a CSR for attendance and improperly accessing and modifying her personal utility account records - sustained. See also Physical 7.1 and 607. |
| P-RC 2058 | 5/31/1996 | Call Center CSR discharged for accessing own account and granting credit extensions and deleting 15 day/48-hour notices. Inconsistent treatment resulted in reinstatement at DML and 1/2 back pay. See also Physical 7.1 and 607. |
| Arb. Case 215 | 5/16/1996 | Grievant was issued DML for unauthorized use of PSEA clubhouse and was discharged for avoidable auto accident. DML and termination sustained. See also Physical 7.1. |
| P-RC 2051 | 4/19/1996 | A Meter Reader on DML released from work to go to physical therapy, but went home four times - discharged - overturned due to mitigating factors. See also 7.1P and Exhibit C. |
| Arb. Cases 205 207 | 2/8/1996 | Discharge of Service Rep. for adding ineligible dependent to medical plan coverage - reinstated without backpay based on several mitigating factors. |
| RC 1794 | 1/30/1996 | Discharge of Cust. Serv. Rep. for making threatening and harassing phone call to customer - sustained. See also 7.1 Physical. |
| P-RC 2008 | 1/18/1996 | DML for Cust. Svc. Rep. willfully disconnecting customer deactivated and is moot. See also 607 Physical. |
| P-RC 2032 | 12/22/1995 | Sr. Meter Reader discharged for unauthorized use of Co. vehicle upheld. Action WR for same reason; transporting stolen property and non-employees. See also Exhibit C. |
| RC 1767 | 6/9/1994 | Just cause for discharge of a Sr. Service Rep. for poor work performance; case settled by giving grievant voluntary severance. |
| P-RC 1698 | 10/12/1993 | Termination of a Meter Reader in San Jose Div. for allegedly curbing assignment route. Just cause for discipline. See also Exhibit C. |
| P-RC 1640 | 6/8/1993 | Just cause for issuing DML to Utility Clerk in Ukiah for openly tape recorded routine conversations in business office without permission. See also Physical 7.1. |
| P-RC 1450 | 3/8/1991 | Need for supervisors to be clear with stewards and employees at end of investigatory meetings as to status of decision to discipline - misunderstanding arose when steward/grievant thought case had been settled at "first step" after an investigatory meeting and grievant then received Written Reminder. See also Physical 7.1. |
| Arb Case 180 | 10/9/1990 | Termination of a Meter Reader for unsatisfactory attendance record such as tardiness, leaving work early and days off. |
| P-RC 1364 | 11/30/1989 | GC bargaining unit ees upgraded to non-B.U. classifications were not subject to contract provisions such as meals, overtime or per diem, but appropriate Union dues be withheld. See also 2.1 and Physical 102.2. |
| P-RC 1322 | 5/1/1989 | 17-year Service Representative discharged for falsification of records to be reinstated at Written Reminder level in Conduct category with appropriate back pay. Appropriateness of Company knowingly paying a false claim and then taking disciplinary action questioned. |
| ARB 53 | 11/8/1974 | Grievance procedure applies to grievant who "voluntarily resigned". See 6.1 and 24.1. |
| RC 878 | 7/10/1969 | Probationary employee terminated as a result of lack of work and poor work performance. Grievance filed not a proper subject for consideration under the grievance procedure. |
| Union Memo | 2/3/1967 | Firing of probationary employees. See Physical 102.2. |
| ARB 15B | 9/14/1964 | Probationary employee may not process grievance concerning discharge under this Title. See Physical 102.2, 106 and 106.5. |
| ARB 5 | 6/29/1955 | Interpretation and conditions of a leave are properly referable under Title 9. See 6.2 and 6.3. |