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PHYSICAL AGREEMENT |
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TITLE 7 - MANAGEMENT OF COMPANY |
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Section 7.1 |
Management of Company |
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Document # |
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Date |
Description |
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(12‑7‑54) |
Discharges of Machinist, Mechanic and Helper for failure to correct expense accounts; reinstated with partial pay and change of records to read "layoff". |
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(12‑27‑56) |
Uncertain evidence surrounding charge of insubordination, which led to discharge of Lineman who removed climbing tools in the middle of an emergency job after altercation with Subforeman, caused him to be reinstated with 25 days disciplinary leave and 15 days leave of absence. |
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(4‑29‑57) |
Helper with old back injury, who refused to unload sacks of lime, was discharged for insubordination. Employment record will be changed to read resignation. |
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(1‑14‑58) |
Suspension of Gas Department Helper for four days without pay for refusal to work OT. See 3.3 and 208.12. |
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(12‑24‑58) |
Discharge of GC Pipe Wrapper for verbally threatening Subforeman, changed to reinstatement at another location with disciplinary leave of one month. Thirteen years service and circumstances surrounding incident were factors in decision. |
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(8‑8‑60) |
Discharge overturned; reinstated with back pay. Grievant refused to quit outside job. Job found to have no effect on PG&E job. Arrest off of job involved, but arrest found to have no effect on PG&E. See 3.3. |
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(12‑19‑60) |
Demotion of First Operator justified, for permitting a Foreman to work on an energized 12 KV line. He had been disciplined seven years earlier for safety violations. Judged incompetent for position. See 105.1 and 612.5. |
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(1‑5‑61) |
Due to hazy "facts" and grievant's no longer wanting Company employment, Gas Serviceman's discharge for alleged improper conduct at customer's house changed to voluntary resignation. |
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(10‑26‑61) |
Suspended employee reinstated with full seniority, but without back pay, following investigation of case of employee's well‑publicized conduct outside of work hours. |
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(3‑13‑62) |
Discharge of employee for failure to pay creditors. |
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(6‑12‑63) |
Discharge of Groundman for just cause, poor job performance. Thorough discussion of warning required, although warning need not be written. |
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(6‑12‑63) |
Discharge of Groundman, for alleged unsuitability for job, overturned, with seniority and back pay. Company must have just cause to discharge. Evidence should establish grounds for discharge, grounds which would justify discharge under all circumstances. |
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(8‑26‑63) |
Two‑day disciplinary layoff for unauthorized coffee stop. |
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(12‑12‑63) |
Auxiliary Operator, who was suspended from work following arrest for alleged action outside of work hours, and returned to work without pay for period of suspension, will be paid for that time in without prejudice decision. |
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(1‑7‑64) |
Discharge of First Plant Clerk for just cause, poor job performance. History of discharge and reinstatement, centered around hatred of typing. |
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(7‑3‑64) |
Discussion of just cause for discharge. |
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(7‑19‑65) |
Procedure to be employed regarding the dissemination of confidential information pertinent to the resolving of a grievance. See Clerical 24.1. |
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(2‑27‑67) |
Demotion of Gas Serviceman following charges of immoral conduct. The only evidence was customer's charge which was judged sufficient to demote. Guilt was not an issue. See 3.3. |
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(5‑29‑67) |
Denied OT: suspected abuse of sick leave. See Clerical 7.8 and 12.3. |
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(6‑8‑67) |
GC employee who was hired although blood pressure exceeded Company standards, was terminated for same, then re‑hired after second exam showed him acceptable. Time between termination and reinstatement will be paid. |
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(7‑10‑67) |
Discharge overturned. Grievant had been arrested for lewd conduct off job. There was no bad publicity involving Company. No probability of repeat demonstrated. Limits on Company's rights to discharge employees arrested for activities off the job. Discharge of grievant, for arrest and conviction for acts off job, is a violation of contract. Reinstated with back pay. Includes a suggested procedure for similar cases. See 3.3. |
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(8‑28‑67) |
Sustains two‑day disciplinary layoff for a Light Crew Foreman for negligence in operating the truck, resulting in injury to Helper crew member. |
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(9‑13‑67) |
Discipline of Serviceman following audit held to be excessive after Division hearing with his supervisors. Employee reimbursed. |
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(9‑18‑67) |
Troubleman demoted to Lineman for alleged unauthorized use of Company vehicle, poor workmanship and lack of responsibility. Will be considered for promotion if work merits same. See 206.15. |
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(2‑19‑68) |
Discipline and demotion of Gas Serviceman to Helper with current restriction on customer contact sustained. Future contact may be considered under 206. |
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(3‑20‑68) |
Helper, who was discharged for allegedly refusing to work a changed schedule, will be reinstated with conditions because of uncertainty regarding the alleged refusal. |
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(8‑5‑68) |
Temporary demotion of Line Subforeman to Lineman following accident which killed two, crippled and injured two others. Grievant will be given another chance: conditions outlined. Settled at Review Committee level. |
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(11‑14‑69) |
Employee free speech off the job. |
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(12‑17‑69) |
Discipline and demotion of a Gas Serviceman to Helper for use of offensive language in the presence of, and in the home of, a woman customer. Provides for reinstatement after six months at discretion of District Supervisor. |
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(5‑18‑70) |
Letter will be removed from file if no more errors are made by Electrical Technician, who received one‑day disciplinary leave and letter of reprimand for alleged error resulting in outage for 23,700 customers. Company said it was third error in less than one year. Letter was removed. |
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(7‑13‑70) |
Demotion from Gas Serviceman to Helper upheld. Falsifying work tags, going outside service area and conducting personal business on Company time. See 206.15. |
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(9‑10‑70) |
Mustaches, sideburns, goatees, but no full beards are allowed for employees contacting public ‑ Troublemen, Gas Servicemen, and Customer Service. Excludes crews. See 24.1C. |
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(2‑9‑71) |
Lineman who refused to wash insulators for safety reasons and then agreed to work assignment, was suspended for two days. See 105.5. |
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(3‑30‑71) |
Employee with record of opposition to radiation exposure refused work assignment in radioactive area because of open wound on hand. Discharge reduced to suspension without back pay. See 105.1. |
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(3‑30‑71) |
Discharge sustained: grievant threatened supervisor with bodily harm and had poor record. ARB 35 an issue. |
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(3‑30‑71) |
Suspension justified for employee who refused to work OT. See 3.1 and 208.12. |
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(5‑5‑71) |
Failure to follow conditions of ARB 31 justifies termination of "conditional" Line Subforeman. See 205.3. |
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(6‑11‑71) |
Grievant will receive retroactive pay for period grievant was suspended, while felony charges were resolved and dismissed. |
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(7‑13‑71) |
Leave with pay, not sick leave, is the recommended solution for illness in family. See 101.1 and 112.8. |
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(8‑3‑71) |
Change of schedules of Auxiliary Operators to accomplish proper shift "balancing". Training should be incorporated in the annual shift schedule, to be valid. See 202, "Hours" Clarification. |
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(8‑9‑71) |
Shopman, Gas Meter Shop, who was discharged for poor attendance, tardiness and poor work performance, will be returned as a Helper under condition that attendance is excellent. |
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(11‑9‑71) |
Disciplinary layoff and letter for Serviceman, San Jose Division, for leaving appliance in unsafe condition on customer property. Disciplinary lay off upheld; letter revised. |
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(1‑26‑72) |
Discharge upheld for employee's falsifying employment application. Vision did not meet requirements. |
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(3‑1‑72) |
Discipline rescinded. Fighting in self defense. No other alternative. No previous problem. Company withdrew from arbitration on stipulation that decision would issue from Review Committee. |
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(3‑28‑72) |
Discharged Auxiliary Operator will be re‑employed as Gas Department Helper without retroactive pay but with seniority, provided there are no threats of assault or injury to any Company employee, and Arithmetic Computation Test is passed. Grievant releases Union and Company from claims, including FEPC complaint. |
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(8‑11‑72) |
Discharge of Lineman for insubordinate response to Foreman reduced to four months disciplinary leave. Grievant is well qualified but has history of temper displays. |
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(11‑1‑72) |
Discipline justified for employee's taking leave for another employee's funeral, causing undue interference with normal routine when leave had been denied. See 101.1. |
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(12‑1‑72) |
Discipline justified for Troubleman who had several drinks before reporting for shift, and offended customer. |
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(3‑28‑73) |
Discipline justified for unauthorized coffee stop. Grievant aware of potential penalty prior to incident. Refer to RC 416, this section. |
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(3‑28‑73) |
Discharge upheld; late 1 hours, lied, past history of 12 disciplinary instances. |
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(5‑4‑73) |
Fieldman discharged and reinstated with seniority and retroactive pay, less 30 days. Refused work order, insubordination. |
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(6‑26‑73) |
Discipline for apprentice who refused to perform work he believed to be unsafe. Refused to rely on judgment of foreman and journeyman. Job was within the standard of risks acceptable to such a job. See 105.5. |
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(6‑26‑73) |
Demotion and transfer of Lead Mechanic to different headquarters, formerly Fremont. Demotion to stand, left garage unattended. See 206.15. |
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(7‑16‑73) |
Discharge retracted without retroactive pay. Had bypassed meter for appliance at his home. |
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(8‑23‑73) |
Fieldmen who violated coffee policy and refused order to go to work when asked by supervisor, received three days and six hours disciplinary leave for just cause. |
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(9‑19‑73) |
Letter of reprimand received by Troubleman one year after accident for which he was not cited, will be removed from file. |
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(10‑26‑73) |
Discharge upheld. Drinking on job, no significant progress toward rehabilitation. See 112.8. |
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(11‑20‑73) |
Two Servicemen discharged for leaving work without permission, performing personal work on Company time, and falsifying time cards and Company records. One discharge upheld, the other reduced to discipline. Length of time on job was determining factor. |
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(11‑23‑73) |
Suspension of Lineman for two days for unauthorized stops sustained, but bypassing him for temporary upgrades to Line Subforeman is not. He was subsequently promoted to Line Subforeman and awarded 30 days retroactive pay at that rate. See 205.1. |
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(11‑28‑73) |
T&D Driver resigned, was on layoff a few days and was reinstated at a lower paying job at another headquarters. Since management was dissatisfied with his truck driving performance, time off was a layoff and grievant will not be paid for work not performed. |
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(12‑3‑73) |
Previous disciplinary record caused retraction of job award to out‑of‑division bidder on Fitter's position in Gas Department, Richmond. See 205.7. |
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(12‑27‑73) |
Case of discharge for alleged tent theft while driving Company vehicle referred back to division for additional information, and subsequently withdrawn without prejudice. |
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(1‑25‑74) |
Company justified in sending seven GC employees home at noon because of weather conditions, although employees contended they were being punished for electing not to work in the rain on the previous day. See 303.2. |
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(1‑28‑74) |
Disciplinary layoff sustained. (Similar to RC 1091, this section). Failure to inspect and remove faulty wall furnace. |
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(1‑ 30‑74) |
Gas Serviceman who did not follow correct procedure possibly created a series of hazards and will have case decided by LIC to conform to RC 1091, this section. |
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(1‑30‑74) |
Discharge justified; absenteeism, tardiness, indifference, etc. |
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(2‑5‑74) |
Case closed without adjustment and without prejudice, following grievant's voluntary resignation prior to settlement of grievance involving Gas Serviceman, and demotion to Helper for six months for doing repairs to customer's equipment on his own time. |
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(3‑4‑74) |
Case of discharged Gas Serviceman, who allegedly made two unrequested calls on customer at 2 p.m., withdrawn without prejudice. |
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(3‑21‑74) |
Company was justified in terminating probationary employee who was convicted of fraud in obtaining aid for child. |
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(4‑5‑74) |
Discharge changed to conditional reinstatement with demotion from Gas Serviceman to Helper, in case of failure to report to work and unacceptable attendance record. |
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(4‑12‑74) |
East Bay Division dress code is reasonable. See Clerical 24.1 for this case and expanded application in P-RC 415 (this section). |
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(4‑12‑74) |
Three‑day disciplinary layoff justified, but not demotion, for well qualified Gas Serviceman of 26 years, who changed index and meter badge on meter, then falsified work records to indicate meter had been changed. |
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(4‑17‑74) |
It is within management rights to fly employees to job sites, voluntarily or non‑voluntarily. See 105.1 and 107.1. |
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(4‑23‑74) |
Demotion for unauthorized use of Company vehicle outside work hours, while drinking. |
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(4‑23‑74) |
Distribution Operator job which Co. had been unable to fill changed to Second Operator Substation job, and filled with the intention of training the Second Operator to become a Distribution Operator, which is a violation of the JDLOP in the Electric Dept. See 205.1. |
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(4‑26‑74) |
Five days disciplinary leave excessive for Light Crew Foreman's leaving crew unsupervised without specific work instructions. Discipline reduced to three days. Policy needs to be clearly stated regarding inspecting other job sites. |
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(5‑7‑74) |
Effect of arrest off job involving three cases. Two suspensions reversed with retroactive wages. One discharge justified. Considerations: crime's relationship to Company's reputation, ability to do job and acceptability to fellow workers. Work record, nature of crime, Company investigation, supervision and public contact were factors considered. |
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(5‑24‑74) |
Three‑day disciplinary layoff of Senior Compressor Plant Operator justified. He allowed discharge pressure to exceed maximum 864 PSI for one hour. |
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(6‑5‑74) |
Gas Serviceman, who was demoted to Helper for falsifying service tags and unsafe work practices, may be reinstated to Serviceman by LIC at end of six months. |
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(7‑25‑74) |
Bypass justified, but temporary assignments should be offered. Craft skills fine but personal qualifications doubtful. See 205.14. |
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(8‑21‑74) |
Two and one‑half days disciplinary leave justified for Gas Serviceman who refused to call back on turn on, when ordered to do so at 4:45. Past disciplinary history factor in decision. |
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(8‑23‑74) |
Case of grievant who falsified reasons for needing personal time off and failed to return to work because he couldn't produce required evidence of whereabouts is referred back to JGC with recommendation to review 101.1 and settle case on basis of Company's offer of counting the 4 days of absence as disciplinary leave. |
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(10‑1‑74) |
Bypass as discipline for unauthorized use of Company tools and unauthorized opening of line not justified. Will be offered next GC Lineman vacancy in his District. See 205.11. |
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(10‑10‑74) |
Demotion rescinded, without back pay, for rudeness to customer by Gas Serviceman. Lack of qualifications is not the issue, so demotion not appropriate discipline. Some discipline is justified. |
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(10‑10‑74) |
Letter of reprimand for outside employment and taking a trip while on sick leave. |
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(10‑10‑74) |
Holiday pay, lost by grievants as a result of their disciplinary layoff, will be restored. The additional loss of pay occurred as the result of grievants' unauthorized absence on the day prior to a holiday. See 101.9. |
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(10‑10‑74) |
Case of Gas Serviceman suspended without pay for 4 days for congregating during a coffee stop referred back to LIC to be settled in accordance with RC's 416 and 1194, this section. |
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(10‑22‑74) |
Discharge changed to demotion from Serviceman to Helper for period Gas Serviceman's driver's license was suspended. Paid as Helper during period of demotion. |
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(11‑1‑74) |
Modification of discipline for playing cards on work time, so that crew's penalty less than Subforeman's. |
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(11‑5‑74) |
Discharge of Gas Serviceman was for just cause. In three incidents in six months, he was outside work area, conducting private business on Company time, and finally was discharged for tag discrepancies and refusing to enter a house to turn on service. |
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(11‑22‑74) |
Disciplinary two‑day layoff justified for Fitter, who had accident which could have been prevented, and delayed reporting accident. |
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(11‑25‑74) |
Apprentice Lineman's two‑day disciplinary layoff and letter were justified for harassing sexist actions and remarks to female employee. See 2.1. |
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(12‑5‑74) |
Lineman, who was seriously injured in climbing accident and demoted to T&D Driver, has corrected medical problems and will be returned to classification through outlined steps. |
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(12‑5‑74) |
Demotion of 12‑year Line Subforeman to Lineman justified, for two recent safety rule violations, one of which resulted in serious injury to another employee. When he demonstrates ability to follow safety rules, restrictions on his returning to his former classification will be lifted. See 105.2. |
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(3‑7‑75) |
One day off without pay justified in case of temporarily upgraded Line Subforeman who failed to comply with T&D Bulletins 7‑13, 8‑3, or APR 410. See 105.2. |
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(3‑19‑75) |
Demotion from unsupervised personal contact position of Senior Meterman justified by past and present court record. When he is off probation, he will have 206.9 rights to former classification and headquarters. |
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(5‑19‑75) |
Suspension for five days for setting off firecracker. After examination of record of Gas T&D Helper, discipline sustained. |
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RCs 1075, 1076 (5‑20‑75) |
Refusal by Gas Servicemen to extend shifts and work OT justified discipline, but it will be reduced to one day layoff and letter. Grievant's uncertainty as to obligation to work OT and subsequent conduct justify reduced discipline. |
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(5‑22‑75) |
Comm. Tech. who made unauthorized stop on work time was appropriately sent home for remainder of scheduled OT day. |
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(6‑30‑75) |
Grievant with history of tardiness arrived at yard at 8:30 after crew had left, and was sent home without pay. Action upheld. |
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(7‑24‑75) |
Company may institute Tuesday‑Saturday workweek, giving Union information it has at time of decision. Factors are: number of emergencies in District, response time, size and population density of District, and availability of callout crew. See 3.5 and 202.1. |
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(1‑29‑76) |
Three‑day disciplinary layoff of Line Subforeman for violation of work rules resulting in power failure and over $3,000 damage to equipment, was justified. |
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(4‑8‑76) |
Discharge for poor work performance in this case not justified. Reinstated with conditions. |
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(9‑17‑76) |
Disciplinary demotion of Gas Serviceman for refusing to shave because of skin problem, resolved by shaving. |
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(9‑17‑76) |
Picture destroyed by supervisor, who did not share grievant's artistic sense. No reimbursement. |
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FF 296‑76‑98 (10‑1‑76) |
Withdrawn from Arbitration and settled at Fact Finding level. Numerous memos in Apprentice Machinist's personnel file are not disciplinary and may be rebutted by employee, as in this case. Discharge overturned, grievant reinstated with conditions. Discrimination for Union activities a factor. See 5.3. |
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(11‑9‑76) |
Without proof, employer did not have just cause to discharge employees accused of setting fires that damaged equipment. Discharges overturned and back pay awarded. |
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(11‑23‑76) |
Five‑day suspension upheld in case of Auxiliary Operator and Assistant Control Operator removing gas from Company vehicle without authorization. |
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(2‑28‑77) |
One‑day disciplinary layoff appropriate for T&D Driver who operated vehicle unsafely and for Line Subforeman who allowed same when he knew of mechanical malfunction. Because of Line Subforeman's past service, two days reduced to one. See 105.5. |
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(3‑22‑77) |
Violation of agreement for Company to suspend employees for wearing Union campaign buttons; reinstated with back pay. See Clerical 5.3 and 24.1. |
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(3‑28‑77) |
Disciplinary layoff of one day to Line Subforeman and letters of reprimand to crew for extending lunch by playing cards. |
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(5‑12‑77) |
Three‑day disciplinary layoff justified. Two Linemen had refused an order that violated G.O. 95 regarding climbing space where poles are jointly used by communication cables and electric transmission lines. Although a technical violation existed, subjective judgment of a real hazard missing. See 105.5. |
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(6‑27‑77) |
Discharge of Street Fitter sustained for abuse of funeral leave. When first reported leave was found to be false, grievant submitted two additional reports, each later found to be false. No mitigating factors. See 101.9. |
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(8‑23‑77) |
Discharge of First Operators justified for allowing non‑employees in substation, drinking, and permitting others to do so, in a party which resulted in switchboard damage and an electrical outage. Past record taken into account. |
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(9‑22‑77) |
Discipline sustained for Relief Senior Control Operator who left plant to obtain meal, in defiance of orders. Self help vs. grievance procedure discussed. See 104.12. |
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(1‑10‑78) |
Failure to notify Foreman that he would not be at work does not constitute just cause for denial of temporary upgrade or promotion. See 305.5. |
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(1‑18‑78) |
Discharged employee reinstated with back pay. Company did not document alleged poor work record. Cited incidents did not justify discharge. Company's reliance on documents purged from grievant's record, a violation of contract. See Clerical 24.1. |
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(1‑25‑78) |
Discharge of GC Helper who was uninterested in reinstatement or back pay but wanted his name cleared. Therefore, issue of alleged falsification of time cards moot. |
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(3‑22‑78) |
Discontinuance of pat‑down physical search of employees entering Humboldt Bay Power Plant. |
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(4‑21‑78) |
Disciplinary layoff of three days reduced to two days for Troubleman disregarding General Foreman's instructions, as relayed by Foreman's Clerk. Past record a negative factor. |
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(5‑5‑78) |
WR to be removed from files of two Helpers who were speeding on Diablo Canyon Access Road. At time of incident, Division and GC had different policies regarding the access road. |
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(5‑8‑78) |
Garageman's excessive use of leaves, the last without permission, is cause for dismissal. See 101.1. |
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(5‑22‑78) |
Demotion of First Operator for alleged irresponsible conduct on the job. Case rendered moot by employee's resignation. See 206.15. |
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(6‑1‑78) |
Sustained one‑day disciplinary layoff for Cable Splicer for violation of coffee policy. |
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(6‑1‑78) |
Discharge justified for Gas Serviceman disciplined seven times in seven years for work related performance problems. |
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(8‑18‑78) |
Insolence, but not insubordination, of Materials Leadman is cause for one day disciplinary leave, reduced from two days. |
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(10‑20‑78) |
Discharged Line Subforeman "who had not been acting properly in Subforeman's role" will be reinstated as Lineman without bid or temporary upgrade possibilities for one year with retroactive pay to date reinstatement offered. |
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(12‑13‑78) |
Time limits for filing grievance on discharge relaxed. Discharge was preceded by suspension, which had been grieved. In two‑part decision, grievant reinstated, without back pay, to a Clerical position, following arrest and conviction for activities off the job. See 102.3. |
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(1‑8‑79) |
Discharge of Cook "B" for alleged falsification of time card overturned, but no back pay. There was no showing that he did not intend to correct error caused by his filling out card early and leaving sick before he finished his shift. |
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(1‑26‑79) |
Discharge of GC Arc Welder for failure to call in on day he was not going to work, plus record of same, reduced to reinstatement with two months unpaid leave. |
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(1‑30‑79) |
Discharge justified. Using Company truck, grievant pursued and punched third party who had made an obscene gesture. |
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(2‑9‑79) |
Discipline reduced from one‑day disciplinary leave to disciplinary letter filed, for Gas Serviceman using abusive language to exempt supervisor. |
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(2‑9‑79) |
Letter of reprimand to Electrical Technician and Apprentice Electrical Technician will stand, in case of drinking a beer on lunch hour. Grievants drove Company truck to lunch. See 105.2. |
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(2‑9‑79) |
In DeSabla Division only, no tie policy 6‑1 to 9‑3 for Customer Services offices. Good discussion of multiple practices. See Clerical 24.1. |
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(2-21-79) |
A Rigger was given a 10-day disciplinary layoff without pay for his refusal to work POT. See also 603.2. |
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(3‑1‑79) |
Limits management right to bar supervision of an employee by a relative. See 205.1 and Clerical 18.1, 18.11 and 24.1. |
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(3‑2‑79) |
Discipline reduced to day's pay lost and disciplinary letter for Gas Serviceman who failed to report for scheduled Saturday work. |
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(3‑23‑79) |
Two‑day disciplinary leave justified for Lineman who drove bucket truck under railroad underpass causing extensive damage to truck. He had a previous grievance with same issue. |
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(3‑28‑79) |
Three‑day suspension reduced to two for Ditch Patrolman for threatening reaction to Supervisor's "heavy-handed and overdrawn" letter concerning condition of his Company house. See 201.1 for subsequent agreement between Company and Union on rentals (L A 82‑17). See 201.1. |
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(3‑30‑79) |
Discharge of apprentice for refusal to respond for emergency callout when no volunteers were available. History of misconduct. See 212.2. |
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(5‑14‑79) |
Discharge of GC employee overturned and retroactive wages will be paid from date he was able to work. Initially off on Workers' Comp., he failed to return following doctor's certification, but did so because of separate illness, as verified by a doctor. See 112.8. |
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(6-19-79) |
Petition for Certification of Representative - Engineering Services - Reprographics Section Case No. 20-RC-14824. |
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(7‑17‑79) |
Ties not mandatory, due to decrease in use of air conditioning. See Clerical 24.1. |
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(7‑13‑79) |
Disciplinary letter to Working Foreman issued as a result of conviction on charges of drunk driving outside working hours. Letter to be revised. |
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(7‑25‑79) |
In case settled at Fact Finding level, Troubleman, who had been demoted to Lineman following an incident of his being unable to perform his assigned work, was returned to Troubleman's classification without back pay. Committee was not in position to determine if grievant's action was irresponsible. See 206.15. |
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(8‑23‑79) |
Grievant reimbursed wages for one day disciplinary layoff: he had allegedly been found sleeping in a Company truck, but he was taking codeine, following industrial injury. |
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(8‑24‑79) |
Discharge of Apprentice Lineman for unavailability for work over 7 year period, was for just cause. In addition to final incident, had received six letters and two disciplinary times off for attendance problems. |
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(8‑24‑79) |
Past practice the deciding factor in determining appropriateness of two‑day disciplinary layoff, for Serviceman's refusing emergency OT work. See 212.1. |
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(8‑24‑79) |
Revocation of Company driver's license following second auto accident inappropriate. No formal discipline followed first accident. See 612.2. |
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(9‑26‑79) |
Discharge of Lineman upheld, for alleged theft of Company property. |
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(9‑26‑79) |
Discharge of Lead Mechanic for alleged theft of Company property upheld. In RC's 1451 and 1452, a discussion describes policy regarding misappropriation of Company property (Standard Practice 735.6‑1). |
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(10‑29‑79) |
Just cause existed for one‑day suspension of several GC employees for refusal to shave where needed, to insure proper fit of respirator. See 105.2. |
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(11‑13‑79) |
Discharge of Kitchen Helper & Cook overturned, for alleged falsification of timecard, but no back pay. There was no showing that grievant did not intend to correct time card he filled out in advance, showing OT. However, he left sick before working entire shift. |
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(12‑5‑79) |
Retroactive modification of earlier disciplinary letter to letter of concern following second letter of reprimand regarding alcohol problem. |
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(12‑17‑79) |
Discharge reduced to discipline without back pay for Serviceman who failed to report to work and did not inform Supervisor of absence. History of activities off job affecting availability for work, an issue. A repeat will be cause for immediate discharge, with limited access to the grievance procedure. |
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(2‑25‑80) |
Discharge of three GC Mechanics upheld, for alleged break‑in and theft of money from coke machine in work area. Combined pieces of evidence led to conclusion of guilt. |
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(4‑3‑80) |
Customer contact employees' facial hair shall be neatly trimmed. See ARB 34, this section. |
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(5‑19‑80) |
Union request to rescind 15 mile per hour speed limit on Company Morro Bay access road no longer timely. GC work has ended: case closed without prejudice. |
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(5‑23‑80) |
Discharge overruled and full back pay awarded in case of disagreement between grievant and Foreman over working on poles with less than 30 inches of climbing space. See 105.1. |
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(5‑29‑80) |
Injury off job, causing work to be missed from November 3 to January 16, combined with arrest and incarceration (with eligibility for work furlough program) resulted in termination. Question of reinstatement rendered moot by subsequent 180 day conviction. |
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(6‑80) |
"Your right to Union representation in employer investigatory interview" Union attorney. See 102. |
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(6‑11‑80) |
Medical leave of absence without pay, rather than discharge, should be solution to problem of grievant who previously had industrial leaves, then entered and left hospital without medical release, but still was not medically able to work. See 101.1. |
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(6‑23‑80) |
Disciplinary letter and one day off justified for two instances of poor judgement on the part of a Gas Serviceman. A previous disciplinary letter was a factor in the decision. |
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(7‑14‑80) |
Rigger placed on traveling maintenance removed because of inability to work OT. Because of this inability, Rigger was demoted to Tool Clerk to preserve employment. Case settled without adjustment or prejudice. Grievant later discharged for another cause. See 603.3. |
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(8‑15‑80) |
Disciplinary letter justified for excessive absenteeism and GC employee's failure to notify supervisor that he would be off work. |
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(8‑20‑80) |
Discharge upheld in case of short time employee who used Company credit card for personal use, although two weeks later he contacted Division Garage Clerk and offered to repay. |
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(8‑26‑80) |
One‑day disciplinary layoff to Bakersfield Gas Servicemen, for alleged failure to follow broken lock procedure, was based on documentation preceding warning meeting and therefore invalid. Discipline reduced to memo to file. See 601.4. |
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(9‑2‑80) |
Discharge reduced to leave of absence. Upon request, grievant may return to classification with no back pay. Grievant had arrived at work under the influence of alcohol: similar conduct will result in severe discipline. See 105.2. |
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(9‑9‑80) |
(1) Discharge not justified in case of assault on supervisor, with mitigating factors such as length of service and Weingarten violation; and, (2) demotion and suspension of 25‑year Line Subforeman not justified for argument with Foreman and alleged improper work procedure. |
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(9‑10‑80) |
GC Painter's two‑day disciplinary layoff for excessive absenteeism improper. Grievant was off with permission, having been given 10 days to report to job. |
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(9‑10‑80) |
Discharge justified in case of diverting energy from another utility Company, using PG&E equipment. Previous disciplinary record a factor. |
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(9‑10‑80) |
One‑day disciplinary layoff for poor work performance justified; one‑day disciplinary layoff for poor attendance record not justified. Following grievant's being put on notice of unsatisfactory attendance record, he was still allowed time off for personal business, which, in effect, condoned employee's attendance record. See 112.8. |
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(9‑11‑80) |
Disciplinary letter and layoff of one day for excessive tardiness was justified. Letter ten days later, for complaining during tailboard, rescinded. |
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(9‑11‑80) |
Closed without adjustment and without prejudice in case of grievant's receiving two disciplinary letters for 1) failing to report to work after doctor's appointment, and 2) reinjuring himself by lifting. See 105.1. |
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(9‑15‑80) |
12‑hour suspension justified in case of grievant who left work early and refused to discuss matter with supervisor until his Business Representative could be present, although two Union stewards were available. |
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(10‑3‑80) |
Company was not justified in twice bypassing First Operator and later demoting him to Helper because of hearing loss. See 205.11 and 206.15. |
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(10‑20‑80) |
Letter of reprimand changed to memo to file concerning counseling session for failure to bring appropriate work shoes to work and incorrectly completing time card. Memo was later removed: grievant had not repeated either offense. |
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(10‑22‑80) |
Discharge justified in case involving numerous reprimands and disciplinary actions for failure to follow safety rules, tardiness, absenteeism and poor quality work. |
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(11‑13‑80) |
Discipline of one day off without pay will be reduced to 1 hours disciplinary time off, the amount of time Materialsman extended his lunch hour, in case of Materialsman and Leadman Driver who extended lunch by 1 hours. Leadman Driver was in charge of job, was driving, and received three days off. |
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(11‑17‑80) |
Despite 13 years of service, discharge upheld for repeated use of Company credit card to purchase gasoline for personal vehicle. |
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(1‑7‑81) |
Discharge of short‑term employee upheld for drinking off job and threatening fellow employee. Had previous record of discipline for drinking on job, followed by medical leave of absence for alcoholic rehabilitation. |
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(1‑7‑81) |
Short‑term employee who used Co. vehicle and left work site w/o permission for personal reasons, was discharged for just cause. |
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(1‑7‑81) |
Just cause existed for discharge due to continuous tardiness accompanied by progressive discipline. |
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(1‑23‑81) |
Discharge not justified in first offense in alleged abuse of sick leave. Standard Practice 735.6 "is not a document arrived at through collective bargaining" and does not apply in this case, ruled the arbitrator. See 112.8. |
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(1‑13‑81) |
Discharge reduced to 15‑day disciplinary layoff for employee who made an unauthorized stop during working hours and gave a false reason for stop. He is a 16‑year employee with three prior disciplinary letters. Less than just cause for discharge was shown. |
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(2‑10‑81) |
Following termination of industrially injured grievant, who was unsuccessful in outside rehabilitation training, contradictory medical evidence that grievant may have been fit to work was submitted. Since that he was able to work, the case closed. See 108.1. |
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(2‑19‑81) |
Limits on decals that may be applied to hard hats. |
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(3‑2‑81) |
Grievance withdrawn without prejudice following grievant's taking other employment, in case of Helper with 18 months service, who falsified a report of occupational injury, saying that injury had occurred on the job when it had occurred during a noon baseball game. Settled prior to arbitration hearing. See 108.1. |
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(3‑2‑81) |
Discharge reduced to three‑month suspension in case of 16 year Serviceman with satisfactory service record, who prepared false report jointly with grievant in case described in ARB 91, this section. See 108.1. |
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(3‑4‑81) |
While agreement is not violated by Company's revising Corrosion Mechanic's audit system, the failure of an employee to meet the standard of achievement established in the revised audit system, by itself, will not be just cause for discipline. See 601.5. |
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(3‑6‑81) |
Discharge reduced to 28‑day suspension for 13‑year employee with unblemished service record; who used Co. property worth $52.75 to underground his service, a job he did not complete; made no effort to conceal installation. |
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(3‑13‑81) |
Discharge reduced to 28 day suspension for insubordination (arguing with supervisor), and removing safety glasses in work area. Rule violation plus past disciplinary record insufficient cause for discharge in this case. |
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(4‑5‑81) |
Discharge for sleeping on the job upheld. Had been disciplined on two previous occasions for same offense, history of discipline for tardiness, absenteeism and job performance. |
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(4‑21‑81) |
Private investigator at Fremont Gas Meter Shop implicated 17 employees in drug use/sales during work/lunch hours, resulting in Company's suspending nine employees ten days each, and discharging eight. Suspensions were reduced with back pay awards, one discharge was reduced to reinstatement with no back pay, and tax‑free dollar settlements went to the discharged employees in equity, without prejudice settlement prior to arbitration hearing. |
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(5‑81) |
Union Attorney's Article: "Employee Files: Limits on Information Employer May Obtain, Keep and Use." Employee rights to see files. See 106.11 and Clerical 17.11 and 24.1. |
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(5‑7‑81) |
Letter of reprimand removed from file of employee. Attendance record, following criticism, has improved. |
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(5‑12‑81) |
Industrially injured Gas Helper, who was unable to continue in classification and who refused Clerk D job, was justifiably terminated, but termination which preceded "stationary and rateable" evaluation was premature. Back pay awarded for interval between termination and evaluation. See 108.1 and 112.10. |
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(5‑26‑81) |
Two‑day disciplinary layoff and letter of reprimand justified for grievant who failed to return to work after lunch. |
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(5‑26‑81) |
Discharge in case of unauthorized possession of three Company wrenches reduced to reinstatement with partial retroactive pay and benefits, with limited use of grievance procedure if Standard Practice 735.6‑1 violated within a year following reinstatement. |
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(5‑27‑81) |
Discharge upheld in case of energy diversion. Although grievant maintained his father had inverted the meter, there was insufficient evidence to support grievant's testimony. |
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(5‑28‑81) |
Disciplinary layoff of 6‑3/4 days reduced to one day for grievant who left work area and entered contractor's storage building. Conflict in statements of contractor's employees and grievant's good service record were factors in decision. |
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(6‑19‑81) |
Reinstatement in former classification, subject to current GC demotions or layoffs, rather than discharge, appropriate in case of insubordination and poor recent work record. Ethnic slur by supervisor and good ten year work record were factors in decision. Insubordination within next year will be grounds for discharge. See 1.2. |
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(7‑7‑81) |
Memo to file will be removed within six months if there are no further such incidents in case of violation of accident prevention rule and departmental operating procedure. Assigning work to one man unit an issue. |
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(7‑9‑81) |
Termination of employee who resigned and asked for re‑employment a few hours later was without just cause. He will be reinstated. See ARB 53 (Clerical 6.1). |
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(7‑27‑81) |
Resolves ARB 95 (7‑30‑81), this section. |
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(12‑23‑81) |
Company justified in discontinuing practice of providing call‑out truck to number one volunteer Line Subforeman at Fremont yard. See 107.1. |
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(7‑30‑81) |
Settled prior to hearing: discharge reduced to five‑day suspension for admitted use of cocaine. Grievant must provide medical evidence that he has discontinued former practice and is "staying clean". In a future drug‑related incident, grievance procedure will be limited to whether or not incident occurred. |
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(7‑30‑81) |
Disciplinary letter will be withdrawn in six months if grievant has no similar incidents, in case of insubordination. |
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(8‑27‑81) |
Revision of letter of reprimand for absenteeism reviewed and modified: disciplinary layoff for failure to report to work reduced from 10 days to 5. |
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(8‑27‑81) |
Discharge upheld for failure to remain in place of work and for failure to follow directions. Past work history of numerous similar incidents a factor in discharge. |
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(9‑29‑81) |
Law regarding energy diversion. |
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(10‑1‑81) |
Company did not have enough evidence to justify disciplining grievants who were accused of drinking beer in a Company vehicle. Memo to file for driving 5 miles out of the way in returning to Service Center was justified. See 103.1 and 212.11. |
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(10‑10‑81) |
Letter of reprimand and one‑day disciplinary layoff appropriate in case of continuing tardiness. |
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(10‑27‑81) |
Discharge justified in case of employee who found fellow employee's initialed tools and kept them in his tool box. |
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(11‑81) |
Weingarten decision: employee and employer rights as of November, 1981. |
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(12‑8‑81) |
Five‑day disciplinary layoff, letter of reprimand and two‑month suspension of driving pass upheld for short‑term employee with lengthy history of similar offenses who exceeded speed limit on access road to work site. |
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(12‑8‑81) |
Discipline in the form of demotion from Gas Serviceman to Helper not justified for leaving a hazard and general low quality performance. Work deficiencies determined to be the result of prior industrial disability. Grievant reinstated with retroactive pay. See 601.4. |
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(2‑1‑82) |
Two of three incidents cited as basis for three‑day disciplinary action were inappropriately included. One day restored. See P-RC 676 and 677, this section. See 601.4. |
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(2‑1‑82) |
Letter referred to in P-RC 675, a standard letter issued by Division to Gas Servicemen who fail to maintain acceptable standards, will be reduced to a counseling letter and the condition precedent will be removed. See also P-RC 677. See 601.4. |
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(2‑18‑82) |
Revision of disciplinary letter to counseling letter in questionable case of insubordination regarding a work order. |
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(2‑18‑82) |
Disciplinary action of one day off justified for Electrician, who allegedly failed to properly secure pillow tank on trailer before transporting it. Tank was lost, and loss could have resulted in serious freeway accident. See 105.2. |
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(2‑18‑82) |
Five‑day disciplinary layoff justified for Gas Serviceman's pursuit of a personal matter in small claims court, using Company time, Company vehicle, falsifying service order tags, using unauthorized Company records, and appearing in court in uniform. |
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(2‑18‑82) |
WR and one day layoff justified for causing accident resulting in broken fiberglass bucket. Two previous driving accidents involving bucket truck a factor in decision. See 105.2. |
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(2‑18‑82) |
Although grievant was probationary and terminated for being unsuitable for continued employment, termination letter dealt with absences and latest tardiness, a Company policy. Therefore, this termination, in accordance with ARB 15 is subject to grievance procedure and is for just cause. See 102.2 and 106.5. |
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(2‑23‑82) |
Five‑day disciplinary layoff and letter of reprimand reduced to two days off, in case of Heavy Truck Driver involved in incident in which his truck sank in wet mud, causing damage to exhaust system. Two earlier reprimands were factors in this case, determined to be caused by poor judgment, not negligence. See 105.2. |
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ARB 100 (3‑1‑82) |
Case of discharge of Gas Serviceman with ten years' service for falsifying service tag withdrawn. Grievant obtained other employment and elected to drop grievance. [Confidential Settlement] |
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(3‑8‑82) |
Lack of clear or convincing evidence existed in case of grievant who was discharged for allegedly taking $50.00. Ee. will be reinstated with full back pay and benefits. See 24.1C. |
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(4‑30‑82) |
Grievants were suspended and received letters of reprimand for refusing to clean up a PCB spill because they had inadequate training, no protective equipment, and believed PCB's to be dangerous. A real and apparent hazard to their health did exist, grievants were justified in refusing to work under such conditions, and layoffs were rescinded with lost pay restored. See 105.6. |
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(7‑1‑82) |
Fieldman restored six hours of suspension received for conduct at disciplinary hearing where supervisor's comments were "inappropriate". However, Fieldman received one day disciplinary suspension for comment made to Lt. Crew Foreman ff. the previous hearing. |
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(8‑16‑82) |
Demotion from Welder to Helper, followed by discharge, for faulty and unacceptable welds revised to 30‑day layoff for two grievants and five days for two others, with reinstatement to Helper followed by reinstatement to Welder upon recertification. Grievant who retired will receive equity settlement. |
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(8‑27‑82) |
Discharge revised to reinstatement without backpay for Groundman who omitted three vehicle code violations from employment application. Facts do not demonstrate willful misrepresentation. |
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(9‑3‑82) |
One‑day disciplinary layoff sustained in case of employee accused of drinking beer on the job. Although there were no actual witnesses, Field Foreman's version of incident held to be more believable than grievant's version. |
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(9‑13‑82) |
Ten‑day disciplinary layoff and one year demotion to Helper justified for Gas Serviceman on 1‑9 p.m. shift, determined to be in restaurant/bar from 7:00‑8:30, who wrecked a service truck at 12 p.m. Demotion based on demonstration of need to be supervised. Disciplinary record a factor in decision. See 206.15. |
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(10‑12‑82) |
As stated in ARB 105 (Clerical 24.1), it is Company policy that the Union may examine an employee's "unofficial" personnel file during the lower levels of the grievance procedure. See 102. |
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(10‑12‑82) |
Company was justified in refusing to return Mechanical Helper to work until releases had been obtained from both his physical and psychological doctors. |
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(10‑29‑82) |
Two‑day disciplinary layoff for Line Subforeman and one day off for Lineman and Apprentice Lineman in case of violation of San Joaquin Division Electric Construction Department rule prohibiting restaurant coffee stops. Violations of policy in that Department in San Joaquin have generally resulted in time off. |
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(10‑29‑82) |
Company will restore sick leave to Lineman required to take sick leave and vacation following disciplinary leave for physical assault on fellow employee. Company had refused employee's return to work, pending his release by Company doctor. See 112.1. |
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(11‑1‑82) |
Discharge sustained in case of GC Tractor Operator "B" injured in 1974. Six doctors have stated grievant precluded from heavy work: Company states they have no light work within his physical limitations. Injury preceded state rehabilitation law so Company is not required to rehabilitate. He is not a member of Group Life Insurance Plan so not eligible for LTD. |
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(1‑6‑83) |
Contract was not violated by Company's withholding supplemental benefits in order to obtain reimbursement for past overpayment. In future, a schedule of repayments will be developed between Company and employee, before an employee's wages are disturbed. |
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(1‑14‑83) |
Although employee had 21 years of service, arbitrator upheld ten‑day suspension and demotion from Light Crew Foreman to Fitter for admittingly stopping at coffee shop with seven other employees in Drum Division. Demotion required transfer. |
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(1‑17‑83) |
Evidence was inadequate to show clear and convincing proof needed to justify discharge of Gas Serviceman, with 10 years of service, accused of misconduct with customer at unauthorized call back, following authorized call and one authorized call back. Discharge changed to one year's disciplinary suspension and demotion to Helper with condition he never be promoted to public contact work. |
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(1‑27‑83) |
Five San Joaquin Electric T&D employees disciplined for excessive time taken between end of job and return to yard, and alleged beer drinking. Line Subforeman received heaviest penalty, with previous disciplinary record a factor. Evidence linked only one Lineman to a beer bottle. His penalty was reduced from five days to three, based on nine years of service with no discipline. References to refusal of three grievants to sign Standard Practice 735.6‑1 acknowledgement will be removed from letters. Company policy is to request, not require, signatures. |
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(1‑27‑83) |
Based on ARB 99 decision, this section, garnishment cases ARB 101, P-RC 766 and 781 are settled by reinstating grievants, following 30 days off. Back pay will be less outside earnings and vacations. Grievant in P-RC 789 received a three‑day penalty, and case is settled without adjustment. See Clerical 24.1. |
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(1‑31‑83) |
Employee with 11 years of service, who was discharged after receiving fourth garnishment since 1976, reinstated with back pay less 30 days suspension. As a consequence of decision, three other employees, discharged for garnishment, were similarly reinstated. In March, 1983, Company changed garnishment policy. See Clerical 24.1. |
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(2‑11‑83) |
Letters of reprimand justified for three Troublemen violating Division Coast Valleys' coffee policy at 4:30 p.m., on an 8‑5 p.m. shift. Lineman working 8‑4:30 p.m. shift will have his letter rescinded. |
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(2‑14‑83) |
Three‑day disciplinary layoff and letters justified for six GC Helpers and one Carpenter who failed to report for prearranged weekend work. Company agrees that in the future, a reasonable effort will be made to inform employees of working conditions such as weekend work and 10‑hour days before employees report to a job. |
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(2‑22‑83) |
Company's obligation to make personnel file available to employee. See 106.11, and Clerical 17.11 and 24.1. |
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(3‑16‑83) |
After one year, Company will re‑employ justifiably discharged GC Fieldman with history of alcoholism and attempted rehabilitation, if he can provide documented evidence that he has abstained from use of alcohol for a substantial period of time. See 112.10. |
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(3‑18‑83) |
Employees will no longer be subject to discipline for garnishment alone. Those whose wages are garnished may use employee assistance and consumer credit counselors. See Clerical 24.1. |
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(3‑23‑83) |
Asking Working Foreman for help to move bench was not a refusal to move bench, hence not insubordination. Two days off rescinded, and two disciplinary letters reduced to one. |
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(3‑31‑83) |
Fieldman who had been fully trained in performance of Gas Service work with history of unsatisfactory and unsafe job performance when temporarily up graded to Gas Serviceman, demoted with just cause to Gas Helper, and precluded from bidding to Gas Service LOP. See 601.4. |
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(4‑11‑83) |
Preponderance of evidence shows that GC grievant knew, or should have known, that he submitted incorrect lodging receipts and requests for meal reimbursements while he was on vacation. 30‑day layoff for falsifying expense account was justified. |
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(4‑15‑83) |
Company not justified in discharging Lineman and Vietnam veteran suffering from post traumatic stress disorder and alcoholism, who is receiving treatment for both. He will be returned to former job without back pay, with the condition that he provide evidence of both continuing treatment for post traumatic stress disorder and successful participation in an A.A. program. |
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(5‑3‑83) |
In case decided at Review Committee level, Workers' Compensation Appeal Board decided that industrially‑injured Gas Helper was and is disabled, rendering moot issue of discharge for just cause, his refusal of Utility Clerk's job. Involved were conflicting medical opinions, Company's refusal to get third opinion, and Company's not informing grievant of consequences of refusal ‑‑ discharge. Grievant reinstated on compensation payroll with benefits, plus retroactive benefits. See 108.1 and 112.10. |
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(5‑3‑83) |
Stockton policy providing three days off without pay if seat belt rule [APR 37 (g)] is broken will be reissued, omitting reference to automatic discipline. Each infraction will be judged individually. Good discussion of Union's right to grieve a policy before an employee is affected. |
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(5‑17‑83) |
Considering the provocation, a racial remark, the grievant who was a member of a two‑man Manifold Crew, received a 90‑day suspension rather than discharge for insubordination, which included yelling, swearing, gesturing and ordering a temporary Field Foreman to leave the job. |
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ARB 110 (10‑10‑83) |
Discharge for alleged poor work performance and low productivity not justified for Materialsman who was flow‑charted. Agreed on settlement for grievant. [Confidential settlement] |
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(9‑15‑83) |
In case involving Lineman's improperly installing service sleeve, three day disciplinary layoff appropriate, but preclusion from upgrades and prebids to Troubleman and Line Subforeman for supposed lack of qualifications as Crew Leader excessive. Preclusion removed effective 8‑15‑83. Past disciplinary record a factor. See 205.11. |
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(9‑22‑83) |
Since there is no language in contract prohibiting contracting out, case concerning contracting out of work previously performed by GC is closed without adjustment or prejudice to Union's position. See 207.2. |
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(10‑11‑83) |
In without prejudice decision, five‑day disciplinary layoff and reprimand letter found appropriate for tardiness, absenteeism, unavailability for work and taking personal time off without permission. Previous discipline has not resulted in improvement of record. |
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(10‑27‑83) |
Sick Line Subforeman who had worked 31 hours in emergency, was told to report back after eight‑hour rest period, in spite of illness. He did not report back until his regular shift and received discipline, which will be rescinded. Grievant had no record of abuse of sick leave, and had properly informed supervisor of illness. See 112.8. |
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(11‑9‑83) |
One‑day disciplinary layoff retracted but reprimand letter to Cook C for lack of cooperation and abusive speech will remain. Factors in retraction were lack of previous written reprimands, lack of documentation of previous verbal warnings, and minor nature of final incident. |
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(12‑14‑83) |
Contract not violated by Company's eliminating one Oakland Corrosion Mechanic's position due to lack of work. |
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(12‑14‑83) |
Discharge was for just cause in case of Lineman who had been repeatedly disciplined for repeated tardiness and failure to notify supervision when he was not going to report for work. |
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(12‑22‑83) |
In case resolved at Review level, bypass of Lineman to Troubleman because of switching error not justified. Two‑day disciplinary layoff was legitimate; six‑month preclusion from upgrade to Troubleman was not. See 205.11. |
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(12‑22‑83) |
Disciplinary letter to Cable Splicer for error in closing switch while unsupervised, will be rescinded. Past practice in area determined decision. He will receive memo to file for not grounding and testing before working on riser cables. See 105.2 and 612.2. |
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(1‑18‑84) |
Two‑day disciplinary layoff for temporary Line Subforeman and one day off for crew for violating coffee shop policy will stand despite conflict with District Supervisor's statement regarding discipline in LIC. Two employees were aware of policy and temporary Subforeman had previous involvement in similar case. |
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(1‑26‑84) |
Catering trucks will temporarily provide food for contracting personnel, including GC, while denied use of Nuclear Plant Ope. lunchroom and vending machines at DCPP. See 107.1. |
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(1‑30‑84) |
No substantive evidence exists to show that GC Working Foreman C was transferred because he filed two grievances. Letter of reprimand will be removed because it was unusual, and because grievant had no prior counseling regarding performance or safety. See 5.3. |
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(4‑2‑84) |
A counseling letter and four hours personal time off received by Steam Maintenance Crew on a 10 and 4 schedule because they took one‑half day off on December 23, without permission, to equal the one‑half day off that employees on 5 and 2 schedules were to receive December 24. See 603. |
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(4‑5‑84) |
Six‑week disciplinary layoff, demotion to Electrician, and four months prohibition from promotion issued to Subforeman A for unauthorized removal of Co. property. Grievant's excellent work performance and cooperation in investigation were factors in decision. |
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(4‑26‑84) |
Difference of opinion which involved a debatable amount of physical contact occurred between a Comm. Tech., who is a Shop Steward, and a Lineman discussing a grievance. One‑day suspension for Comm. Tech., who initiated physical contact, reduced to disciplinary letter. No discipline was given to Lineman. |
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(4‑30‑84) |
Review Committee unable to determine with total certainty that grievant was at fault in case of Reserve Gas Serviceman demoted to Helper for alleged failure to shut off valve, which resulted in fire in customer's range. Grievant, now a Fieldman, awarded lost pay, but precluded from returning to Gas Service LOP in equity settlement. See 601.4. |
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(5‑2‑84) |
In without prejudice decision, no adjustment will be made in case of GC Welder discharged for insubordination and failure to follow instructions. He is incarcerated and will be for five months and, as such, is unavailable for work. |
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(5‑25‑84) |
In without prejudice decision applying only to this case, one‑day disciplinary layoff and letter justified for Troubleman who failed to enter accurate times of arrival and departure on service tags after being told to do so. |
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(5‑25‑84) |
In case of Utility Clerk's being repeatedly late and unavailable for work due to illness, ten days off not appropriate. Will receive two days off and final "final" letter, which will be followed by discharge unless record improves. If availability improves, applicability of letter will be canceled, as will be requirement to provide proof of illness. See 112.8 and Clerical 7.8 and 24.1. |
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(6‑8‑84) |
Although he was not warned about potential discipline, one‑day disciplinary suspension justified for Elect. Maintenance Helper who refused to work OT. See RC 1357, this section. See 208.12. |
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(7‑6‑84) |
Substation Supervisor called out Electrical Technician, properly bypassing Electrician on 212 list. Both were qualified to do work, but Company has right to determine which classification is needed when both are qualified. See 212.1 and 612.4. |
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(7‑27‑84) |
Discharge changed to reinstatement with back pay, upon Company Doctor's approval, in case of Fieldman discharged for failure to provide "satisfactory" medical clearance following medical leave, when leave form did not require any clearance. See 101.3. |
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(10‑3‑84) |
Information omitted from medical history on employment application would probably have kept Company from hiring GC Helper. Discharge justified. |
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(10‑11‑84) |
A 30‑year employee with good record who had received disciplinary letter a month earlier for poor job performance, will receive debated sick leave for two days because committee is not sure grievant was not sick. He received one‑day disciplinary layoff for not calling in on third day and for not reporting to Superintendent prior to returning to work. See 112.8. |
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(10‑11‑84) |
Five‑day disciplinary layoff for continued poor job performance reduced to three days. Disciplinary letter for poor job performance had been received four months earlier by grievant, a 30‑year employee, in P-RC decision 917, this section. |
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(11‑16‑84) |
Twenty‑day disciplinary layoff justified for GC Welder involved in use of marijuana and beer on the job. Private investigator supplied conclusive evidence. |
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(11‑16‑84) |
Twenty‑day disciplinary layoff reduced to ten days for GC Electrician, a six‑year employee with no prior disciplinary history, for use of marijuana and beer on the job. Private investigator supplied conclusive evidence. |
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(11‑16‑84) |
Ten‑day disciplinary layoff restored to GC Electrician accused of purchasing cocaine. Company evidence not conclusive. |
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(11‑16‑84) |
Five‑day disciplinary layoff restored to GC Apprentice Electrician accused of smoking marijuana at lunch. Private investigator's evidence did not cite dates and was too general. |
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(11‑28‑84) |
Letter of reprimand and five‑day disciplinary layoff not excessive for GC Equipment Mechanic, Mechanical Services, for avoidable vehicle accident. Layoff based on record of three avoidable accidents in one year. |
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(11‑29‑84) |
Discharges justified in cases of five GC employees variously charged with selling and/or consuming marijuana, Benzedrine tablets, speed, cocaine and alcohol, removing Company property for personal use, and using Company time and equipment to construct equipment for personal use. Evidence of sale of illegal substance to another employee, a private investigator, was conclusive. |
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(12‑10‑84) |
Three‑day disciplinary layoff restored to Helper accused by private investigator of drinking beer during work hours. Evidence inconclusive. |
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(12‑10‑84) |
Five‑day disciplinary layoff restored to GC Field Garage Mechanic C accused of smoking marijuana and offering brandy to other employees. Informer determined to lack credibility. Grievant denied charge. |
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(12‑10‑84) |
15‑day disciplinary layoff reduced to ten days for GC Apprentice Electrician accused of smoking marijuana, allowing it to be smoked in his truck and threatening a fellow employee's person and property. Private investigator's evidence is inconclusive on three dates when grievant allegedly smoked marijuana. Heavy discipline upheld because of threat against fellow employee. |
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(12‑11‑84) |
Fifteen‑day disciplinary layoff reduced to three for GC Hydro Substation Mechanic because of errors in private investigator's evidence. Grievant did take gift of two beers from investigator while on Company‑leased property and, in return, grievant gave investigator a marijuana cigarette. |
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(12‑28‑84) |
Fifteen‑day disciplinary layoff reduced to two, and letter rewritten in case of GC Electrician accused of being alcoholic and possibly addicted to cocaine by private investigator who was not qualified to diagnose such conditions and provided no evidence to support charge. Two days appropriate because grievant asked investigator to buy Schnapps, which he delivered to grievant on Company property. |
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(12‑28‑84) |
Twenty‑day disciplinary layoff restored and disciplinary letter removed, due to conflicting testimony and lack of evidence in case of GC Hydro Substation Mechanic accused by private investigator of drinking beer, smoking marijuana, and allowing another employee to store marijuana in his truck. |
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(12‑28‑84) |
Five‑day disciplinary layoff justified for GC Apprentice Electrician accused by private investigator of smoking marijuana. Grievant denied charge, but record supported alleged charge. |
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(1-18-85) |
Two-day disciplinary layoff given to a temp. Line Subforeman and a one-day disciplinary layoff given to each of the other crew members for violating the Division's policy on store and coffee shop stops. |
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(1‑31‑85) |
Company was not justified in moving bargaining unit work to a newly created exempt Construction Representative classification. See 7.2. |
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(2‑27‑85) |
GC Helper who transferred himself to another work location in order to be near his sick wife, and refused to return to job site, was terminated for just cause following disciplinary letter and layoffs. Did not apply for hardship transfer or employee assistance. See 305.6. |
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Union response to PG&E Drug Prevention Policy regarding discipline, the grievance procedure, and precedent, with Company's answer. See Clerical 24.1. |
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(3‑20‑85) |
Letter of reprimand and five‑day disciplinary layoff justified for alleged theft of Company property, a clock. Employee did not receive prior permission to remove "junk". |
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(3‑25‑85) |
Lineman who had been demoted from Line Subforeman, counseled and disciplined for twelve previous incidents, was discharged for just cause, the taking of Company equipment, labor and materials. |
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(4‑8‑85) |
Demotion to Helper justified for Field Regulator Changer who had drivers license suspended for medical reasons. However, 306.9 rights were agreed to in LA 85‑7 (306.9). See 613.1. |
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(5‑2‑85) |
Lineman who refused a work assignment he believed unsafe was justifiably discharged. Arbitrator cited safety of assignment and necessity that a Lineman perform this type of assignment. Company ordered to find grievant vacancy not involving exposure to PCB's. See 105.6. |
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(5‑23‑85) |
Fremont Utility Clerk, unable to work at Fremont office because of disabling allergic reaction to cigarette smoke, was discharged after rejection of transfer to non‑smoking Hayward office. Good discussion of difficult balance between smokers and non‑smokers. See 105.1 and Clerical 20(105.1) and 24.1. |
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(6‑12‑85) |
Letter of reprimand to GC Field Clerk for alleged rudeness to, and arguments with fellow employees will be rescinded. Second letter for alleged inappropriate remarks about fellow employee will remain, but be removed if action is not repeated. Role of Shop Steward in interview an issue. |
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(6‑12‑85) |
GC Field Garage Mechanic A, who failed to report to work as expected, in Company vehicle, and who failed to see Company doctor regarding absence, as agreed, had disciplinary time off reduced from five and one‑half days to two with three as sick leave. He was also transferred. The transfer will stand. |
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(6‑28‑85) |
Gas Serviceman, with history of repeated unavailability for work and abuse of sick leave, discharged for same for just cause, following counseling and letters of reprimand, the last of which warned of termination if attendance did not improve. See 112.8. |
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(6‑28‑85) |
Three‑day disciplinary layoff of male Lineman for harassment of female Groundman; harassment included derogatory and threatening remarks. |
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(7‑1‑85) |
Gas Serviceman justifiably discharged for alleged meter tampering and energy diversion, despite his taking private lie detector test which indicated lack of guilt. |
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(8‑7‑85) |
Auxiliary Operator, terminated following doctor's certification that rotating shiftwork caused grievant's medical problems, was reinstated without back pay as Materialsman. Workers' Compensation appeal pending. See 105.5. |
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(8‑7‑85) |
In complex case of double jeopardy, disciplinary letter rescinded. It had warned Garage Subforeman already demoted to Equipment Mechanic at another location that, upon his return from the Compensation Payroll, he would be demoted to Equipment Mechanic for original incident. Grievant reinstated with backpay, travel expenses, and warning regarding future of his job. |
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(8‑7‑85) |
Committee agreed there was just cause to discipline Service Meterman, but reduced disciplinary layoff from 5 days to 4 for being out of work area in Company vehicle without permission, unsatisfactory job performance and suspected falsification of records. In P-RC 1009, 10‑day disciplinary layoff upheld when same grievant left work early without authorization. |
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(8‑7‑85) |
One‑day disciplinary layoff appropriate for Gas Serviceman's leaving hazard. Fifteen months earlier had received letter for leaving similar hazard. |
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(10‑15‑85) |
Discharge for continued unavailability for work justified. Case may be reopened if Workers' Compensation Appeals Board finds that grievant, a Routine Shop Clerk at Davis, was disabled. See 112.8. |
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(10‑15‑85) |
Lineman who received disciplinary letter for waiting twelve days to remove wedding ring after Foreman told him to do so, to comply with APR 812(b), will have letter withdrawn. Another grievant under same circumstances was not disciplined. See 105.2. |
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(10‑25‑85) |
GC Equipment Mechanic, unable to wear hard hat, was improperly placed on medical leave of absence by Company, without a medical opinion. He will be returned to work with retroactive pay and benefits, provided he meets listed medical requirements. |
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(11‑4‑85) |
Employee, a licensed electrical contractor who sold Company a transformer at considerable profit during an emergency, was not dishonest, nor were any Company rules violated. |
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(12‑10‑85) |
Based on progressive discipline, discharge for tardiness and continued unavailability for work was upheld. |
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(12‑19‑85) |
GC Equipment Mechanic's discharge upheld, in case of alleged theft of winch from Service Center. |
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(2‑21‑86) |
Disciplinary leave reduced to 4 days from 10 following grievant's making threatening remarks about supervisor in Regional Personnel Office. Grievant had just been denied sick leave pay because he did not have satisfactory evidence. See 112.8. |
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(2‑21‑86) |
One‑day disciplinary leave justified for three Bakersfield Electric T&D employees for failure to work prearranged mandatory OT. Fourth grievant had discipline removed because he had notified supervisor that he wanted to be off and had not used day to which he was entitled. Decision discusses problems of mandatory OT. See 208.12 and 212.1. |
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(3‑12‑86) |
PG&E "Fitness for Duty Procedures" with Union statement that employee may be required to have physical exam, but may refuse to have blood or urine screened. If he/she agrees to have blood or urine screened, may refuse to sign release of results of screening and doctor will then use physical exam to determine fitness for duty. See 24.1. |
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(3‑27‑86) |
Discharge upheld in case of GC Working Foreman "B" who offered and furnished marijuana and cocaine to his crew during work hours. |
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(4‑28‑86) |
In case settled at Review level, demotion of Cableman/Cable Splicer to Cableman for failure to pass 40‑hour switching training class, and two earlier incidents was not justified. He will be reinstated with back pay. See 206.15 and 612.2. |
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(4‑28‑86) |
Discharged GC Truck Driver reinstated without back pay, with time between discharge and reinstatement treated as disciplinary lay off. Grievant obeyed Working Foreman "C"'s order to assist Foreman in vandalizing Company property. |
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(5‑12‑86) |
Based on Union and Company agreed‑to medical examiner's report that industrially injured grievant was capable both of working as Routine Field Clerk and of commuting to the work site, termination for refusing to report to work was upheld. See 112.10. |
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(6‑9‑86) |
Co. justified in terminating probationary ee. handling payroll, etc., due to conviction on 5 felony counts of embezzlement associated with previous employer. See 106.5. |
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(6‑16‑86) |
Discharge upheld in case of employee alleged to have broken outer seal on meter at residence, and diverted energy. See RC's 1451 and 1452, this section. |
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(6‑16‑86) |
When all facts were reviewed, an overwhelming amount of evidence indicated that Machinist broke into locked cabinet and took supervisor's files: discharge upheld. |
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(7‑10‑86) |
One‑day disciplinary day off and letter of reprimand justified in case of Gas Serviceman for allegedly leaving a hazard and for making inappropriate remarks in front of customer. Past disciplinary history a factor in decision. |
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(7‑11‑86) |
In equity settlement, employee who was discharged for alleged use of cocaine off the job, will take drug screen. Failure will sustain discharge. Passing will lead to reinstatement on condition grievant meet with professional who will decide if grievant should go to drug rehab. prog. which would have to be completed. Reinstatement would be with 1/2 back pay. |
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(7‑18‑86) |
Demotion of Line Subforeman "A" to Lineman for unsafe work practices reduced from 12 months to 4 , followed by promotion to Subforeman "A". Previous similar incident a factor in case; however, Co. did not have all the facts at time of disciplinary decision. See 105.1. |
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(9‑5‑86) |
Just cause did not exist for disciplinary letter issued for grievant's conduct in hearing or for subsequent suspension for similar incident, or for discharge based on previous discipline and excessive absence, even though absence had prior approval. Valid proof of illness was missing. Grievant, who was ARB 84 grievant (this section), was reinstated with partial back pay. See 112.8. |
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(9‑25‑86) |
In discharge case withdrawn from Arbitration and settled by compromise agreement and release, 2 year GC employee who admitted he used cocaine during work hours on Company property, was reinstated to former job and headquarters without back pay. He agrees to four (4) random drug tests in next year and to discharge for failure of a drug test, or for conduct prohibited by Company drug prevention policy. |
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(10‑22‑86) |
Two‑day disciplinary layoff reduced to one day for Troubleman who was not wearing hard hat while doing maintenance work. See 105.1. |
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(12‑22‑86) |
Discharged 16‑year GC Equipment Mechanic's refusal to agree to supervisor's demand that he take a drug test did not violate the conditions of ARB 95 in which he was the grievant. Reinstated; however, back pay was withheld because he had failed to report to work twice. |
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(3-23-87) |
Discharge of a GC Lineman for unavailability was appropriate and application of Section 301.18 would not be considered unless his availability improved. See also 301.18. |
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(4‑24‑87) |
Discharge of Materialsman upheld in case of alleged theft of Company property. Charges of using and selling drugs at work were not proved. |
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(4‑24‑87) |
Discharge of Materialsman upheld in case of alleged sale of drugs to operative. Charge of theft of Company property not supported by evidence. |
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(4‑29‑87) |
Final letter for unavailability for work due to failure to report to work or call in changed to disciplinary letter. Grievant should have been given more time between this incident and previous sick leave use discipline to establish acceptable attendance record. See 112.8. |
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(5‑11‑87) |
One‑day disciplinary layoff justified in case of temporary Pipe Handler who did not follow safety rules; load of pipe struck office trailer. Grievant had 3 similar incidents within 18 months of this case. See 105.2. |
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(5‑12‑87) |
While case was in Pre‑Review Committee, grievant was absent from work long enough have voluntarily resigned. Case moot, and closed without prejudice to either Union or Company. |
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(5‑18‑87) |
Grievant, who attempted to disengage himself from disciplinary interview to get a Shop Steward, but who turned around and engaged in physical aggressive contact with supervisor, will have 5‑day disciplinary leave reduced to 2 because of supervisor's investigative methods. |
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(5‑19‑87) |
Grievant, who responded in loud aggressive way to supervisor who had limited crew's bathroom use to breaks and lunch, will receive modified letter of discipline. Supervisors' limiting use of bathroom is inappropriate, but employees who abuse access time to the bathroom may properly be disciplined. |
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(5‑19‑87) |
GC Apprentice Lineman who claimed industrial injury and filed a Worker's Compensation claim, took a 6‑months' personal medical leave. He was discharged when he returned to work because he did not want to climb and no position other than Apprentice Lineman was available. Case may be reopened when Compensation decision is reached. |
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(5‑19‑87) |
Verbal abuse and insubordination directed both at Lead Painter and exempt supervisor would have justified one‑day disciplinary layoff, but because supervisor called Painter at home and suspended him for following day, discipline canceled. |
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(5-22-87) |
DML received by an Appr. Lineman is appropriate for excessive abuse of attendance. |
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(5‑22‑87) |
It was appropriate for Company to skip a step in positive discipline case of Apprentice Lineman who was given decision making leave for no‑call, no show attendance problem, following oral reminder in attendance category 11 months earlier. Good discussion of steps and management rights. See 102 and I.B., this section. |
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(5‑27‑87) |
Following constructive discipline, GC Field Garage Mech. "A"'s demotion, for continued poor work performance involving safety, to Field Garage Mech. "C" was justified. Options provided for grievant to return to previous classification or Appr. Equipment Mechanic. |
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(6‑25‑87) |
Two months after receiving DML for absence from work, Power Plant Operator was absent from work three separate times in five days. Committee agreed that grievant's attendance was unacceptable, discipline had not worked, and discharge was for just cause. |
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(8‑28‑87) |
Probationary GC Groundman, who was discharged for unsuitability after failing three‑day climbing school and ACT, was rehired as Helper in Gas Construction. See 1.2 and 102.2. |
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(9‑14‑87) |
Following six prior disciplinary incidents, Equipment Operator, who was then Fieldman, was discharged in this case for combination of tardiness, avoidable auto accident while driving backhoe, using Company vehicle to do personal errand on Company time, sleeping on job, failure to follow work procedure, and failure to call‑in. Following discharge grievant entered substance abuse program, but decision was not changed. |
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(9‑14‑87) |
Because it is generally inappropriate to escalate discipline for an incident, original letter of written reprimand, rather than subsequent one‑day disciplinary layoff will resolve this case of insubordination and verbal abuse, which, committee agreed, deserved disciplinary action. |
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(9‑29‑87) |
Discharge justified for Field Regulator Changer who sold insulation for another Company using contacts developed through his job as Field Regulator Changer, while on Company time. Past disciplinary history a factor in decision. |
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(9‑29‑87) |
GC Line Subforeman received three‑day disciplinary time off, but had six‑month demotion to Lineman reduced, for bringing crew in early on straight time, working them through lunch, and was gong to charge one hour to personal business, so they could get off at 1 p.m. He was also seen drinking beer at 1:00 p.m. |
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(9‑30‑87) |
Company refused to return industrially injured MEO 'B' with lifting restriction to work. A year after his disability payments stopped, they retroactively discharged him. During the year, a medical re‑evaluation removed the restriction. Company will reinstate grievant, service will be bridged and some back pay and benefits will be paid. |
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(12‑2‑87) |
In equity, without prejudice decision Equipment Operator 'B', who re‑entered rehabilitation program the day he was discharged for unavailability and unsatisfactory performance, will be conditionally reinstated. Conditions include submission to drug/alcohol screening, possible participation in EAP after care program and satisfactory attendance and work performance. |
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(12‑9‑87) |
After refusing to report for light duty four times, industrially‑injured 29‑year Troubleman, medically able to return from Worker's Compensation Payroll, was determined to be unavailable for work and was discharged for just cause. See 112.10. |
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(1‑29‑88) |
Contract not violated by Company's denying leave of absence to jailed Helper, and discharge for unavailability was for just cause. See P-RC 489, this section. See 101.1. |
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(4‑1‑88) |
Discharge justified for continued unsatisfactory work performance over three‑year period, during which Groundman had been disciplined, trained and given individual attention to help him overcome deficiencies. |
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(6‑15‑88) |
Gas Serviceman received subject letter and a 5 month schedule change supposedly to provide frequent review and training following performance deficiency. Committee decided letter was justified, but schedule changes must agree with Paragraph II "F", Hours Clarification, and 208.18. In this case, in equity settlement, grievant compensated for part of time spent outside his regular shift. See 202, Hours Clarification. |
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(7‑5‑88) |
Disciplinary layoff rescinded in case of Groundman who responded to Redwood Region's EOT call offering to upgrade him temp. to Appr. Cable Splicer. Record unclear regarding why grievant was called, nor was there any evidence that he misrepresented himself. |
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(8‑3‑88) |
Discharge of GC Backhoe Operator for being under influence of alcohol was for just cause. History of discipline for same problem and two rehab efforts a factor in decision. Although grievant admitted drinking and agreed to exam, there were omissions in process. In future, supervisors will follow all Fitness‑for‑Duty procedures. |
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(9‑2‑88) |
Because of Foreman Clerk's long service and his very rapid decline, combined with his seeking help when his drinking first caused job problems, discharge will be revised to reinstatement and he will be placed on medical leave of absence with listed conditions. |
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(09-07-88) |
Informal survey indicated that preparation of outage reports is usually handled by ESC-represented classifications or non-bargaining unit personnel; no adjustment made in reassignment of outage reports from Assistant Foreman's Clerk in Salinas to ESC position in the Mapping Department. See also 2.1. |
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(9‑21‑88) |
In this case, based on previous letters for similar past incidents, one day disciplinary time off justified for GC Electricians safety rule violation, working on equipment that was not part of assignment, and without authorization. See 105.2. |
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(9‑21‑88) |
Employee who received justified letter and one day off for leaving job site without permission and failing to follow instructions will have letter removed because case meets criteria in guidelines for conversion to positive discipline, LA 87‑189, (102). |
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(01-11-89) |
Discharge justified for Field Garage Mechanic C for leaving job before end of shift and falsification of time cards following DML for same. Number of incidents in short amount of time a factor. |
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(01-17-89) |
PG&E's "Policy for First-Time Violators of Certain Co. Drug Prohibitions". This particular document does not include reference to alcohol-related prohibitions. See Clerical 24.1. |
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(01-18-89) |
Escalation from a previous Written Reminder in Conduct category to a DML appropriate for Troubleman involved in a backing accident who failed to report the accident until the following day; backing accidents in this Division have consistently resulted in discipline and no evidence of mitigating factors. |
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(01-30-89) |
In instances where an employee's receipt of documentation on an Oral Reminder or Written Reminder exceeds three working days, the time limit for filing a grievance over that disciplinary action shall be extended an equivalent number of days. See also Physical 102.3 and Clerical 9.3. |
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(04-11-89) |
Discharge upheld for Meter Reader who stopped at restaurant out of service route to use the facilities. Grievant was at DML step at time of incident. |
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(05-04-89) |
In equity settlement and without prejudice decision, ten-day disciplinary suspension of Lineman reduced to five days for misappropriation of Company property - the Investigating Committee's inability to interview key persons in the case a factor in the settlement. |
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(05-19-89) |
Discharge of Mechanical Helper for continued unavailability upheld. Noted that grievant's DML was for absenteeism, and coaching and counseling sessions were held prior to the discharge. |
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(08-07-89) |
DML appropriate for grievant, already at Written Reminder, for poor attendance and falsification of sick leave records. DML was appropriate based on grievant's overall attendance record, notwithstanding number of days abused |
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(08-08-89) |
In case concerning Written Reminder given to Pittsburg Power Plant Control Operator for operating error, no agreement reached as to appropriateness of level of discipline; however, since reminder has since deactivated and issue has become moot, case closed without adjustment. |
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(08-09-89) |
Case closed due to fact that Oral Reminder for conduct had been deactivated. No discussion of facts or merits of the case. |
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08-09-89 |
Discipline appropriate in case of WR for safety violations received by 29-year Subforeman "A" following incident in which employee was shocked from ungrounded "C" phase. |
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(09-07-89) |
Amends Positive Discipline Guidelines (LA 87-189, Physical 102 and Clerical 9) by moving "Failure to Adhere to Safe Work Practices and Accident Prevention Rules" from Conduct category to Work Performance category, Section IV B. Outlines conversion procedures for those with active discipline resulting from safety violations in Conduct category at time of change. See also Physical 102 and Clerical 9. This LA is superseded by LA 90-178. |
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(09-13-89) |
Three day disciplinary layoff and demotion of Gas Crew Foreman for accident involving small child deemed overly severe discipline in case where there was no clear violation of safety rules leading to accident. Grievant's work record a concern; 2 days of disciplinary layoff to be restored and grievant will be upgraded for six months to Gas Crew Foreman -if work is satisfactory, demotion will be rescinded and wages will be restored. If not, demotion stands. See also 601.1. |
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(09-29-89) |
Case closed without adjustment in case of DML received by Temporary Gas Serviceman for causing an explosion and fire in customer's home; although grievant did not follow established work procedures, discipline had been deactivated for several months and there was no loss of pay. |
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(11-30-89) |
Although not to be seen as precedent as to the appropriate level of discipline for avoidable auto accidents, in this case Written Reminder reduced to Oral Reminder for Field Garage Mechanic A with 10 years service and no prior disciplinary history. Settlement due in large part to concurrent case involving a second Field Garage Mechanic A with almost identical work record in a similar incident in which OR was deemed the appropriate discipline. |
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(12-04-89) |
Diablo Canyon Fitness for Duty Program, as mandated by NRC, effective January 3, 1990. Union's cover letter reserves right to raise constitutional issues arising from this policy in whatever manner is appropriate. See also 500.5, 603. |
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(01-18-90) |
Just cause did not exist for Written Reminder in attendance category given to Clerk D. Escalation of discipline was based on 4-day time period in which grievant had requested time off and was off with at least the tacit approval of supervision; supervision never denied grievant's request for time off and only coded it as time off without permission after the fact. |
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(01-18-90) |
Written Reminder issued to Serviceman for failure to notice a hazard reduced to coaching and counseling session. The Serviceman had called in second serviceman for assistance in locating and repairing a gas leak in a residence; hazard was left at furnace relit by second serviceman. Failure of first Serviceman to notice the hazard does not rise to level of formal discipline. See also 601.4. |
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(01-18-90) |
In case of DML received by System Operator for poor work performance, as DML has been deactivated, issue considered moot and case closed. |
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(01-18-90) |
DML upheld in case of two employees who used approximately two gallons of gasoline from a Company gas can for use in employee's personal vehicle when he ran out of gas. |
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(01-18-90) |
OR issued to Lineman for allegedly disrupting stand-up meeting, leaving meeting without permission, and speeding in the yard to be revised to reflect only that he left the meeting w/o permission as there is no evidence to substantiate the other charges. |
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(02-06-90) |
Written Reminder given to Senior Meterman for backing accident reduced to Oral Reminder. Division past practice a factor. |
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(3-15-90) |
Assigning Change Party/No Entry duties to other than Gas Serviceman. The Co. shall cease and desist from assigning Meter Reader to perform the Meter Reading in instances where Change Party/No Entry situations prevail. See also 2.1 and Clerical 2.1. |
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03-21-90 |
Decision Making Leave upheld in case of employee who took Company vehicle without proper authorization for personal use. |
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(07-05-90) |
Issue of misapplication of Positive Discipline guidelines discussed in depth in case of Equipment Operator B placed on DML following a physical altercation stemming from a racial slur. Company's practice of "grouping" incidents over a period of time into one Written Reminder questioned, as well as fact that no coaching/counseling sessions were provided grievant, denying him opportunity to correct conduct problems that led to DML. |
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(07-27-90) |
Amends Positive Discipline Guidelines (LA 87-189, Physical 102 and Clerical 9) by moving "Backing Accidents" from Conduct category to Work Performance category, Section IV B. Includes guidelines for conversion procedures for those with active discipline resulting from safety violations in conduct category at time of change. See Physical 102 and Clerical 9. |
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(07-31-90) |
Case settled by LA 89-210 (this section), Diablo Canyon Drug and Alcohol Policy (Fitness for Duty). |
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(08-09-90) |
Guidelines as to how supervisors' Operating files are to be maintained and what access employees and other supervisors may or may not have to information in the files. See 106.11 and Clerical 17.11. |
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(08-15-90) |
Discharge upheld in case of Gas Crew Foreman discharged for continued unavailability. |
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(08-27-90) |
Miscellaneous Equipment Operator discharged for taking 1.6 gallons of gas from Company fuel truck when his personal truck ran out will be reinstated without backpay but with service and benefits intact as MEOB in supervised crew situation and placed at Decision Making Leave step of Positive Discipline. |
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(09-18-90) |
Apprentice Lineman discharged due to excessive absenteeism to be reinstated without back pay, and placed at DML step of Positive Discipline, due to improper utilization of Positive Discipline: all coaching and counseling sessions were administered by Subforeman, Written Reminder was skipped inappropriately, and Grievant given confusing messages about time off usage. |
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(10-18-90) |
Written Reminder to be reduced to Oral Reminder for 25-year Underground Subforeman A whose failure to remove grounds resulted in burning of overhead lines and outages. Grievant had no active discipline; current practice for similar incidents is an Oral Reminder. |
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(10-18-90) |
Discharge of Utility Clerk-Typist for unsatisfactory work performance upheld. Evidence did not support Grievant's claim that performance difficulties stemmed from physical disability. |
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(12-19-90) |
DML upheld in case of Utility Machine Operator who used unauthorized code to gain access to computer and change clearances and programs, allegedly to refine idea to submit to "Ideas in Action". |
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(03-08-91) |
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 Clerical 24.1. |
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(03-21-91) |
Gas Construction Foreman discharged after installing electric meter at friend's home and subsequently removing meter when Company determined meter should not be there; no energy diversion, but was unauthorized possession of a meter and obstruction of investigation. Discharge reduced to DML effective date of grievant's return to work and demoted to Carpenter A. |
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(03-22-91) |
Drug-Free Pipeline Program. See also 604 and 24.1. |
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(04-10-91) |
Discharge of Meter Reader involved in altercation with customer upheld, although in and of itself the incident might not warrant discharge, grievant had two active counselings in conduct category and one in attendance at time of incident. Additionally Grievant was in beginning level job and demotion was not an option although a search was conducted for other beginning level vacancies within the division. |
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(5-22-91) |
Discharge of a Field Garage Mechanic A for having a suspended driver's license due to an off-duty automobile accident which involved drinking. |
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(05-31-91) |
Sick leave properly credited to account of Business Representative who returned to Company's active payroll after a Union leave of absence. Credited with days for current year, but none for years in which no work was performed for Company. See also 112.1. |
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(06-25-91) |
Discipline upheld in case of employee knowingly carrying ineligible dependents on Kaiser medical insurance (divorced wife and son). DML issued instead of termination because there was non monetary liability to the Company, but employee was still in violation of Standard Practice 735.6-1, Employee conduct. |
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(06-25-91) |
Gas Helper on Workers Comp. who was terminated after reporting to rehabilitation job interview and exhibiting strange behavior. As LTD for grievant was approved while grievance was being processed, issue is moot and case closed. |
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(06-25-91) |
Complex case in which Grievant received written reminder for racial comments reported during course of Internal Audit and subsequent EEO investigation involving another employee. Witnesses in the EEO investigation did not want identities made known, and Grievant could not face accusors. Because confidentiality of EEO investigations cannot be breached, in future similar situations, no formal disciplinary action will occur as a result of information obtained in such investigation. Employee will be coached and counseled and informed that a problem may exist. Issue in this case moot due to expiration of Written Reminder. |
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(08-07-91) |
Discipline reduced from DML to Written Reminder for Gas Crew Foreman who had verbal confrontation with a customer. Although Grievant initiated confrontation, customer's actions were quite inflammatory, and there is no evidence that grievant threatened customer in any way. While not excusing Grievant, feel that Written Reminder more appropriate level of discipline based on facts of case. |
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(08-27-91) |
Changes to NPG Fitness For Duty Program (see LA 89-210, this section, incorporating additional requirements placed on licensed operators by revisions to 10 CFR (Code of Federal Regulations) Parts 22 and 55. See also 500.5, 603. |
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(09-20-91) |
Suspension and subsequent discharge of Electrician for operating Company equipment without a valid license and being unfit for duty upheld. Grievant had previously entered into Agreement for Continued Employment in lieu of discharge, and violated conditions of the agreement. Agreement specified that failure to comply would result in immediate discharge. |
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(09-27-91) |
Discharged sustained in case of employee who knowingly added ineligible dependant to medical plan. |
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(10-14-91) |
Term. upheld in case of Gas Serviceman who engaged contractor (DOT collector) in verbal confrontation. Although highly unlikely that such actions would be dischargeable for ee. without disciplinary history, this ee. was at DML step when confrontation occurred. |
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(10-15-91) |
In without prejudice decision, WR reduced to Oral in case of Electrician's inappropriate comments and behavior towards a female employee. Reduction due in part to fact that accuser was not available for testimony and grievant was unable to face his accusor. Issues of this sort should be looked at on a case-by-case basis as to appropriate level of discipline. |
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(12-09-91) |
Reduction of Decision Making Leave to Written Reminder in case of 25-year employee working as temporary Working Foreman who showed poor judgement and failed to properly repair a gas leak. Reduction based in part on results of medical clarification. |
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(12-09-91) |
No violation in case of Company allegedly forcing employee to go through Medical Clarification because of avoidable accident; grievant already at DML for previous accident. |
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(12-30-91) |
DML issued to Lineman for unauthorized possession of Company property and use of Company equipment too severe under the circumstances of this case and to be reduced to Oral Reminder. Witness wouldn't testify, and although Lineman showed poor judgement and didn't follow proper procedures, believed he had adequate permission. |
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(01-29-92) |
Grievant improperly issued DML in attendance upon return from approved leave of absence. Appropriate level would have been C&C and would not have put Grievant at discharge step for later work performance issues. Reinstated at DML step, with back pay and benefits. |
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(02-11-92) |
Written Reminder issued for backing accident to be reduced to Oral Reminder for Working Foreman A in Gas T&D. Grievant's 28-year unblemished service record a consideration. |
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(02-14-92) |
Administrative changes to NPAP A-20 (Fitness for Duty Program, including Sec. 5.2.13: resignation prior to removal for violation of NPG's Fitness for Duty Program will be recorded as removal for cause. See also 500.5, 603. |
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(6-22-92) |
Just cause for discipline. Written Reminder issued to a Crew Foreman and 2 Linemen for safety rule violations after causing line truck to roll over. |
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(8-5-92) |
Just cause for discharge of a Gas Serviceman. Impact of minor flaws in the DOT drug screen urine collection process. |
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(08-13-92) |
Just cause for discipline of a Certified Welder at Pittsburg PP for an avoidable forklift accident. See also 603.2. |
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(9-15-92) |
Just cause for discharge of a Parts Clerk in Bakersfield for violation of his First Time Offender agreement and positive test results for three illegal drugs. |
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(9-21-92) |
Just cause for discharge of a Field Garage Mechanic A in ENCON for purchase of auto parts for a friend on Company's purchase order. |
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(01-07-93) |
A WR issued to a Fieldman in Gas T&D Dept. for driving a Co. vehicle without valid driver's license is just and the disciplinary action taken is appropriate. See also 601.1. |
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(1-7-93) |
Discharge of a Gas Serviceman for continued inadequate work performance sustained (refusing to participate in additional training and discovered a potential hazard at 2 customer's residence after auditing his work. See also 601.4. |
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(01-21-93) |
A WR issued to a Working Foreman was for just cause for inattention and failure to follow procedures for safety violations (missed clearance points). See also 105.2 and 613.1. |
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(01-28-93) |
Just cause issuing WR to PPO for demonstrating extreme negligence in handling his clearance duties that could have resulted in a serious accident. See also 603.1. |
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(4-12-93) |
Concerns a Service Operator who received a WR for not properly responding to a customer call reporting a gas leak. Discipline is for just cause. |
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(4-30-93) |
Just cause for discharge of an Appr. Fitter in SF Div. following DOT post-rehab. second positive drug test. |
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(06-08-93) |
Just cause for issuing a DML to a Utility Clerk in Ukiah for illegally taping office conversations without permission. See also Clerical 24.1. |
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(7-21-93) |
A Written Reminder for Machinist who failed to remove all cleaning rags from oil reservoir was reduced to OR. See also 603.2. |
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(7-29-93) |
Discharge of an Un. Equipment Mechanic for theft of Co. auto parts and falsification of records. See also 605. |
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(8-10-93) |
Power Plant Operator received Written Reminder for violating Clearance Procedure. See also 603.1. |
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(8-20-93) |
Discharge of a Backhoe Operator for 2nd positive drug test. Second positive sample was collected while grievant's in Comp. payroll. See also 613.1. |
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(10-12-93) |
Installation, replacement of interface cards, and general repair of personal computers by non-B.U. ees. in several Gen. Office Dept. violates the agreement. However, there is no violation in utilizing contract ees. to perform Telecomm. Tech. work since the dept. is at its 88-104 floor number. See also 2.1 and 609. |
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(11-8-93) |
Minor revisions to the Nuclear Power Gen. Bus. Unit Fitness for Duty Program. See also 603. |
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(11-18-93) |
Just cause for discipline for a Fieldperson who was discharged for excess personal use of cellular phone; however, converted to reinstatement without backpay at DML. |
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(12-9-93) |
A Lineman in SF Div. who was inappropriately given 2 ORs and suspended for 17 days for refusing to undergo a fitness for duty exam. will receive backpay for the days that he was suspended. See also 612.2. |
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(12-16-93) |
Discharge of an Electrician for improperly wiring a receptacle resulting in damage to Co. property, mitigated; will be reinstated to former classification and headquarters without back pay, but with service and benefits intact, Upon return will be issued a DML for work performance effective the date of his return and will be active for 1 year. See also 603.2. |
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(2-3-94) |
Just cause for discharge of a DOT covered ee. who refused drug test later terminated for failure to comply with MRO mandated rehab. requirements. |
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(1-21-94) |
Changes to paragraphs 5 & 6 of Appendix I of PG&E's Drug-Free Pipeline Policy as described in LA R3-90-86. See also 604 and Clerical 24.1. |
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(3-14-94) |
A DML was given to a No. Valley Div. Meter Reader for allegedly driving a Company vehicle at an unsafe speed. See also Exhibit C. |
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(3-8-94) |
Discharge of a Gas Service Representative already on DML following auto accident was for just cause. See also 601.4. |
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(6-9-94) |
Discharge of an Electric Crew Foreman for energy diversion is sustained. See also 612.2. |
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(6-9-94) |
Discharge of a Traveling Utility Worker for continued failure to report to work on time and unavailability was for just cause. See also 603.2. |
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(9-6-94) |
Grievant was issued a DML was for just cause for bringing loaded gun on Company's property. |
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(10-6-94) |
Discharge of a Non-Welding Gas Crew Foreman following second DOT positive drug test, failure of rehab. program to drug test during 9-month rehab. Co. does not violate agmt. |
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(10-19-94) |
Grievant discharged following 2nd positive (DOT) drug test. Fact that urine sample was less than 60 ml. is not fatal flaw. Discharge sustained. |
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(10-27-94) |
Co. refused to accept untimely discharge grievance. Compromise settlement resulted in closure of case. See also 102.3. |
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(10-27-94) |
Discharge of a Utility Clerk-Meter Reader after loosing drivers license - agreed Co. could have accommodated emp. Reinstated at DML, partial backpay and benefits. |
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(10-27-94) |
Lineman discharged for unauthorized use of Co. vehicle and leaving tools and materials exposed - overturned, reinstated with backpay and benefits. See also 612.2. |
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(1-10-95) |
Company's truck was damaged by collision because the grievant left the engine running and failed to apply the parking brake. Grievant reinstated w/ back pay and w/o loss of seniority. See also 105.2. |
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(2-16-95) |
The Company must prove that a termination for a second positive drug test is for just cause. Under the circumstances here (accidental ingestion of drug), the Union meets its "heavy burden" and establishes no just cause. Grievance sustained. |
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(2-23-95) |
In a second positive DOT discharge, failure to follow procedure does not result in rejection of test results - discharge sustained. |
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(2-24-95) |
Meter Reader discharged for curbed read - P-RC agreed was a mis-read. Grievant reinstated with WR. See also Exhibit C. |
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(3-23-95) |
Employee at WR level of PD left work early; falsified time card. DML was justified. |
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(3-23-95) |
Employee at DML level of PD involved in altercation with fellow emp.; had been C&C 3 times since DML; twice for altercation with fellow employee. Discharged justified. |
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(4-26-95) |
To implement Alcohol and Drug Testing Program applicable to employees who operate commercial motor vehicles, with application retroactive to 1/1/95. This program is being implement pursuant to Federal Regulations. See also 500.5. |
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(4-26-95) |
Pursuant to section 500.5, Co. proposes to implement "Alcohol Testing Program" for Pipeline employees, with application retroactive to 1/1/95. This program is being implemented pursuant to Federal Regulations. See also 500.5 and 604. |
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(6-29-95) |
Announced intent to CES layoff does not violate LA 93-91. See also 102.3 and 206.7. |
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(6-30-95) |
Appropriateness of transfer drug tests required by State Fire Marshall. |
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(7-17-95) |
Transmission Cableperson discharged for loss of driver's license, reinstated as a Cable Splicer with partial backpay. See also 612.2. |
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(9-5-95) |
Propose the use of the Hiring Hall as the initial method of addressing peak workload in 1995 (Oct. 1 - Dec. 31) to meet customers' need (demand for seasonal pilot relights) for timely service. See also 3.1, 106.12, 202.4, 202.23, 204.4, 205.3, 208, and 601.4. |
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(9-18-95) |
Written Reminder issued to an Equipment Operator for failure to request permission for time off from his supervisor is justified. |
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(9-22-95) |
DML issued to temporary upgrade Gas Crew Foreman following damage to fiber optice cable not justified. See also 601.1. |
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(9-22-95) |
Written Reminder issued to Fitter following damage to fiber optic cable not justified. See also 601.1. |
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(ARB. 206) (10-10-95) |
Discharge of Auxiliary Operator reversed. Prior to issuance of discipline for one action another occurred. Company disciplined with DML for first action, then discharged for second. Sandbag. See also 603.1. |
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(10-19-95) |
Discharge per NPG Fitness for Duty Program following second verified positive test. See also 603. |
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(11-10-95) |
Discharge of ECF for carrying ineligible dependent on medical insurance - closed pending decision in ARB. 205 and 207. See also 612.2. |
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(11-27-95) |
Discharge of Traveling Machinist while on DML - brake door lock/handle to get access to lunch - discharge sustained. See also 603.2. |
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(12-7-95) |
Grievance over DML for racial and sexual comments - closed w/o adjustment - DML deactivated, issue moot. See also 603.2. |
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(12-7-95) |
Discharge of Service Rep. for falsification of expense acct. to severe - reinstated with 1/2 backpay. See also 607. |
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(1-30-96) |
Discharge of Cust. Serv. Rep. for making threatening and harassing phone call to customer - sustained. See also 24.1 Clerical. |
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(1-30-96) |
DML issued to temporary Troubleman with active WR following backing accident - closed without adjustment as DML deactivated. See also 612.2. |
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(1-30-96) |
DML issued to a Gas Control Operator for poor work performance - closed without adjustment as DML deactivated. |
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(1-30-96 |
DML issued to Utility Clerk for leaving work without permission and turning in time card for 8 hours work - closed without adjustment as DML deactivated. |
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(1-30-96) |
DML issued to Power Plant Operator for poor work performance and falsification of records - closed without adjustment as DML deactivated. See also 603.3. |
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ARB. Cases (2-8-96) |
Discharge of Service Rep. and Trans. Mechanic, respectively, for adding ineligible dependent to medical plan coverage - reinstated without backpay based on several mitigating factors. See also 607. |
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(2-14-96) |
A Geysers Power Plant Mechanic-Rigger was suspended for not having drivers license - improper - should be accommodated per LA R2-93-39. See also 603.2. |
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(3-21-96) |
Discharge of Gas Service Rep. for "curbing" multiple change party tags. Sets precedence for several classifications in physical bargaining unit. See also 601.4. |
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(4-19-96) |
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 24.1C and Exhibit C. |
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(5-16-96) |
Grievant was issued DML for unauthorized use of PSEA clubhouse and was discharged for avoidable auto accident. DML and termination sustained. See also Clerical 24.1. |
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(5-31-96) |
Discharge of a CSR for attendance and improperly accessing and modifying her personal utility account records - sustained. See also 607 and Clerical 24.1. |
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(5-31-96) |
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 607 and Clerical 24.1. |
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(6-17-96) |
To amend the provisions of LA 84-69, Item 1, regarding the television broadcasts that are provided for resident employee at the Helms Pumped Storage Facility. See also 201.13 and Clerical 15.10. |
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(6-20-96) |
Grievant not a member of GLIP, terminated after WCAP benefits expired. Signed Comp. & Release with WCAB withdrawing grievances. See also Clerical 24.1. |
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ARB. Case 218 (6-27-96) |
Meter Reader discharged for curbing reinstated with confidential settlement agreement. See also Clerical 24.1 and Exhibit C. |
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(7-10-96) |
Arbitrator found just cause for discharge of a Lineman suffering from "bipolar manic" depression for theft of/damage to Company vehicle. See also 612.2. |
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(7-11-96) |
Vehicle Smoking Policy. See also 105 and Clerical 20 and 24.1.
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(7-16-96) |
Wearing uniforms on a voluntary basis. See also 24.1 |
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(8-15-96) |
Discharge of a long service Traveling Machinist from Pittsburg Power Plant who was on DML and was involved in verbal altercation with fellow worker is for just cause. See also 603.2. |
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(8-14-96) |
G.C. Lineman was discharged for tampering with his electric meter. Discharge sustained. See also 613.1. |
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(8-20-96) |
Discipline for harassment related to medical condition is to be consistent with harassment based on race/sex. See also 1.2 and Clerical 24.1. |
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(8-21-96) |
Garageman was terminated after period of disability, finding of permanent preclusion to return to former job and finding he was permanent and rateable from industrial injury. |
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(12-23-96) |
Discharge of 5 and DML to 2 Electric T&D employees for unauthorized removal and sale of customer owned copper service, misuse of Company time and equipment. Four discharges sustained; 2 DML reduced to OR. One discharge to Arbitration. |
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(12-23-96 |
Discharge of CSR sustained. Unauthorized deletion of 48-hour notice and credit extension for another employee and falsification of employee discount form. See also Clerical 24.1. |
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(2-12-97) |
Proposed decision to settle three grievances concerning the establishment of critical classifications in the Richmond, Oakland, San Francisco and Daly City/Colma headquarters. See also 400.4. |
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(4-25-97) |
Disabled employee medically precluded from return to work; no other position available; not member of GLIP thus no LTD; terminated. |
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(7-18-97) |
Gas Serviceperson on a Written Reminder for positive DOT was discharged after rear-ending third party auto with Company truck during non-work hours on non-work day and while legally intoxicated. |
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(8-12-97) |
Discharge of a garageman for theft of motor oil and misuse of work time is for just cause. See also 605. |
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(8-12-97) |
Discharge of a long service Machinist for theft of Company property with replacement value of #314.20 is for just cause. See also 603.2. |
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(5-15-97) |
Discharge of an Electric Crew Foreman overturned. Evidence did not support finding him participated in theft of customer owned copper wire and sale of wire. |
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(10-9-97) |
DOT covered employee's discharged for second positive - claimed another person "spiked" his drink - defense not credible - discharge sustained. |
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(11-5-97) |
A long service Gas Service Rep. who had an active DML was terminated after coming up positive on a random DOT drug test. First time, positive, but termination sustained due to active DML. |
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(11-18-97) |
P-RC sustained discharge of Troubleman who carried an unlicensed firearm in a Company vehicle and shot a dog with it. |
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(2-25-98) |
Discharge of long-service Gas Service Rep. sustained. The GSR installed new flex connector and collected $15.00 from customer. |
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(2-26-98) |
DML and demotion of two GC Gas Crew Foreman to Fitter sustained. The two conspired and stole a trailer hitch from a Co. vehicle. Hitch removed from the truck assigned to one GCF, kept by the other GCF. |
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(3-24-98) |
System Operator was issued a WR; terminated five months later. Both events related to being under influence on the job. Discharge sustained. Dispute between Co. and Union on utilization of Fitness for Duty exam not settled. |
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(4-20-98) |
Employee administered a random DOT alcohol test; results indicated alcohol concentration of .039. Company issued WR; P-RC agreed to reduce discipline to OR. |
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(5-5-98) |
Pre-Review Comm. unable to agree if there was just cause for WR issued for allegedly drinking beer on Co. property after work. WR deactivated; issue moot. |
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(6-10-98) |
Termination of Utility Worker who fell 60 feet from a tower sustained - he was probationary terminated for unsuitability as defined in ARB. # 15A. |
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(6-11-98) |
DML issued for Working Foreman for provoking fight - being under influence of alcohol, inappropriate remarks, near but not on Company property after regular work hours. Without prejudice, deactivate DML early. |
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(6-11-98) |
DML justifies for employee who failed to remove former spouse from medical plan coverage for 11 years following divorce. |
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(6-11-98) |
A Gas Fieldman was issued an OR for failure to mark and locate UG facilities per instruction from Supervisor and on tag, but within compliance with Company's Std. Practice. Issue of just cause moot as OR deactivated. |
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(6-16-98) |
Discharge of Gas Service Rep. for misuse of Purchasing Card - allegedly purchases personal items. Grievant reinstated at DML without backpay. |
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(6-16-98) |
Discharge of Operator-Mechanic for misuse of Corporate credit card, sustained. While upgraded out of unit, grievant charged and did not pay $1,827. After he returned to unit, he charged an additional $1,173 and did not pay. |
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(6-19-98) |
HH Gas Serviceperson having a positive DOT random drug screen, released back to HH with 12 month letter. Decision lays and process of how HH employee is to be treated when positive for DOT drug/alcohol test. |
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(6-23-98) |
Grievant's request for extension of LOA on 12/6 rejected -prior leave expires 12/1. Union argued refusal violated agreement. Co. determined grievant charged over $6,000 on Purchasing Card prior to L/A. Discharge sustained for misuse of Purchasing Card. |
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(7/8/98) |
Grievant arrested on job and jailed. Paid vacation for next 8 days. Company terminated him on 1st day off work without pay; no 10-day notice. Grievant reinstated without backpay. Good discussion regarding 10 days off without pay before termination. |
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(07-15-98) |
Violation of Labor Code Sec. 132(a) when PG&E sends supervisory personnel with an industrially injured employee to a doctor for treatment. |
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(7-21-98) |
DML issued to Subforeman A who permitted Utility Worker to climb towers and perform production work sustained. |
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(7-21-98) |
A Division Operator received DML for purchase, possession, transporting illegal drugs in Company vehicle during work hours. Following in-patient drug rehab., terminated for failure to adhere to back-to-work agreement. Discharge sustained. |
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(7-22-98) |
Grievant already on DML; C&C five times regarding attendance; sent for Fitness for Duty; judged unfit/under influence by MD. Discharge sustained. |
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(7-22-98) |
Discharge of Operator-Mechanic for under influence, abandoning station while he was only employee on duty for next 12 hours. Reinstate at DML without backpay; subject to post-positive DOT rule. |
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(8-14-98) |
Discharge of HH Field Mechanic who diverted energy prior to dispatch sustained by Arbitrator. Co. may take action when it discovers a history that precludes continued employment. |
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(9-14-98) |
Troubleman given DML for performing unauthorized work on customer owned equipment; leaving several hazards. Conveyed impression he was acting as PG&E Representative while performing the work. |
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(10-16-98) |
Discharge of Lineman sustained. Grievant was upset over denial of day off; engaged in verbal altercation with Crew Foreman; become increasingly hostile, invited physical contact, “chest-bumped” Crew Foreman. |
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(8-7-98) |
Agreement on basis for precluding employee contact with customer following clear directive from supervisor not to contact or following discipline related to customer complaint. |
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(10-29-98) |
Termination of two individuals result of background check related to conversion from HH status to probationary employee status. Based on Arb. 223, Co. may do background check when there is an appropriate business-related reason. See also 106.5. |
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(12-1-98) |
GC Util. Wkr tested positive for DOT; terminated; not eligible for First Time Offender program as not regular employee. Agreed any workday actually worked counts as full day for qualifying for regular status. Grievant reinstated as had qualified for regular status. See also 106.5. |
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(12-17-98) |
Just cause existed in the discharge of a GC Line Dept. Subforeman “A” for the flagrant disregard for the safety of his crew and himself. Numerous violations of safety rules and work procedures. See also 105.1 and 613.1. |
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(12-18-98) |
Employee’s DML for misuse of Co. time on four separate dates was reduced to WR. Agrees that a repeat of this type of behavior may result in the employee’s discharge. |
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(12-21-98) |
Arbitrator sustained discharge of Gas Serviceperson who, in a fit of rage, picked up the corner of a table, dumping paperwork of another employee. When table raised, it struck the other employee. Arbitrator found this crossed line between verbal and physical confrontation. |
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(1-12-99) |
An Elect. Crew F-man discharged for misuse of P-card will be reinstated without back pay as a CDLA Lineman upon successful completion of a DOT return to work drug screen, but the DML will remain active for 6 ½ months following his return to work and a C&C will be noted on his Performance Log for the P-card misuse. |
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(1-20-99) |
Failure to get the employee’s signature on DOT’s “Chain of Custody” from was not sufficient to overturn the verified positive results. Grievant properly denied transfer to Fieldperson vacancy. |
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(2-19-99) |
A probationary Elect. T&D Assistant will be reinstated (at a daily rate) without back pay; had been discharged for falsification of his employment application; service bridged, but must complete probationary period; benefits will be applied prospectively based on his service date. Also, will be required to secure a Class “A” driver’s license within 6 mos. of his return to work. |
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(4-16-99) |
Discharge of a Foreman’s Clerk for selling drugs in the work place was for just and sufficient cause |
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(5-18-99) |
WR for just cause for Fieldman whose DOT random drug screen test is positive. Also agreed, emp. being DOT tested can interrupt the collection process when collector fails to follow procedures. |
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(6-23-99) |
In spite of an Appr. Lineman’s alleged that someone have set him up by spiking his coffee prior to drug test, the discharge was for just and sufficient cause for a second verified positive DOT drug test. |
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(7-6-99) |
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 24.1 and Benefits. |
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(7-20-99) |
A Fitter who was terminated for misusing Company cell phone will be reinstated with full seniority, backpay and benefits. |
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(08-12-99) |
Not only violating the Company rules, but also the “State Dept. of Forestry” regulations [261.10(d)(1)], a WR is for just cause issued to a Water System Ope. for discharging a firearm inside Company housing at Lake Spaulding Camp given the potential for harm to others. See also 608. |
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(09-16-99) |
A DML issued to a Meterperson is for just cause since the automobile accident in which the grievant was involved was avoidable. See also 612.2. |
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(10-13-99) |
An HH employee who was terminated for inaccurately filling-up “Job History Form” may be considered for employment given the fact that the employee at this point in time meets the Company’s employment criteria. See also 206.12. |
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(10-21-99) |
Just cause for DML issued when a T-300 Subforeman “A” violated safe work practices resulting in an unplanned outage affecting approx. 600 customers and the San Jose Airport for about 45 minutes and his short cutting put the apprentice at risk. See also 105.1. |
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(10-21-99) |
DML issued was for a just cause when a Lineman violates several safety rules, i.e. failing to appropriately rubber equipment and failure to leave the contact area when removing a rubber glove causing injury to himself, but also put the Foreman at risk of injury. See also 105.1. |
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(12-14-99) |
Implementation of the new Cal-OSHA Respiratory Protection Program (Sec. 5144 of Title 8). |
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(12-22-99) |
Termination was for just cause when a Meter Reader engaged in physical assault; had the opportunity to end the fight, but chose to go get a weapon (bat) from his vehicle to continue the confrontation with another Meter Reader, who was also discharged. See also 607 and Exh. C. |
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(12-22-99) |
Termination was for just cause when a Meter Reader engaged in physical assault; had the opportunity to end the fight, but chose to continue to instigate the confrontation by daring the other Meter Reader, who was also discharged. See also 607 and Exh. C. |
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(12-22-99) |
Discharge for inappropriate behavior (violation of penal code 647(a)-peeping tom) was for just cause when a Meter Reader was caught looking into the customer’s bathroom/bedroom while reading the meters. See also 607 and Exh. C. |
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(1-19-00) |
Discharge of a Meter Reader was appropriate and for just cause for saying inappropriate comments to a customer and had an active OR for leaving his route on several occasions without permission. See also Exh. C. |
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(2-1-00) |
As a result of the Gen. Nego. settlement, proposed that employees classified as Credit Rep and Meter Reader (2770) be reclassified as Credit Representative; Meter Reader and Utility Clerk (2772) be reclassified as Meter Reader. |
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(3-1-00) |
An LTD employee who has a full release to return to work to his previous classification of Equip. Ope., Gas T&D limited his job search to one headquarters; his opportunities to return to work would be enhanced by broadening his job search. Per LA 95-145 HH agmt., no violation occurred. See also 112.15. |
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(3-22-00) |
No violation regarding work performed on Time-Of-Use Meters (TOUs) as a result of the discussion between the Co. and the Union to the changing technology in metering and balancing the interest of the Company to manage the business and the interest of the Union in job protection in these cases. |
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(3-27/00) |
The use of a Utility Worker to drive a crew truck to and from the job site on a regular basis is a Fieldman job. Mgt. is cautioned to avoid situations where there might not be a contractual violation, but viewed to be circumvention of the agmt. and lead to more challenged by the Union. |
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& 2158 (3-29-00) |
The contracting of the installation of the ISO meters was not for the purpose of dispensing with the services of the ees.; Co. was under a strict time frame; the work was observed by the appropriate B.U. classification; ongoing maintenance of the meters remains B.U. work; and the parties have negotiated into the Labor Agmt. provisions that would ensure the Co. must follow when contracting work normally performed by B.U. ees. |
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(3-29-00) |
Inspection of New Business work is appropriate for a journeyman or higher that possess the training, knowledge, skills and ability to perform this duty consistent with their job description. |
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(5-25-00) |
Consumption of “near bear” or “non-alcoholic beer” during working hours and on Co. property or job sites is a reasonable prohibition rule in light of Co.’s image concerns (i.e., leaving PG&E customers with the impression that employees are drinking on the job.) See also 107.1. |
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(5-26-00) |
DML for the Elect. T-man for being under the influence of alcohol while on duty and taking a Co. vehicle out of the assigned area while on call is deactivated in consideration of his long service; never been discipline before; possible confusion as to the rules around alcohol consumption; and no post DML incidents of any kind. |
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(6-9-00) |
DCPP Trv. Mech. Utility Worker discharge was for just cause. Grievant’s record for failure to notify supervisor any time he was to be off work; falsifying the time records; failure to provide mandatory 6-hour notice prior to not reporting to work; abuse of sick leave; and insubordination resulted to termination of employment. |
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(7-20-00) |
Discharged Lineman for throwing a hammer from a raised bucket reinstated, but at the DML step of the PD for one year from his date of return. Grievant’s WR will be sustained and not deactivated until the DML is; in addition, he will need to complete a “Return to Work” drug screen. If any threatening occurs during the DML, grievant will be discharged. |
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(7-21-00) |
Just cause for the termination of a Journeyman for his work performance, i.e., switching error and failure to close a breaker which resulted in the loss of power to customers and the potential injury to fellow workers. |
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(7-31-00) |
Proposed that the Exh. C (Meter Reader Agmt) of the Clerical Agmt be replaced with the Exhibit XVII of the Physical Agmt in conjunction with the agreed to movement of Meter Readers from the Clerical Agmt. to the Physical Agmt. effective 1/1/2000. |
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(8-1-00) |
A terminated MEO for allegedly submitting a substitute for urine during a random drug test was reinstated to his former position with back pay and benefits. |
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(8-3-00) |
Discharged is for just cause when the MBPP Control Ope. refused to attend a DOT post rehabilitation follow-up test and resorting to self-help. |
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(8-8-00) |
These cases concerns the “Contracting Principles”; issues raised are moot and agreed to close, but the Co. has an intent to fill additional positions in the ET&D Dept. However, subsequent to the filing of these grievances, the parties have bargained new contracting provisions as outlined in Exh. VI of the Physical Labor Agmt. dated 1/1/00. |
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(8-15-00) |
Just cause for the WR given to a T-300 Elec. Subforeman A for working without work signs or arrow boards warning traffic of conditions that caused third party vehicle accident causing about $2,200 damage. Based on the CHP Report this could have been avoided with the proper warning devices that the crew had available. |
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(8-15-00) |
Issue is now moot and been closed since the DML has been deactivated on 7/1/99 to a Lineman for failing to properly connect the neutral conductor from an under arm bus molding, resulting in damage to two customer residences and associated appliances and equipment. |
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(8-15-00) |
An Area 1 Fitter attempted to bribe a DOT Collector for $1,000 to blow into the EBT (Evidential Breath Testing) device for him in order to pass the random alcohol testing was discharged for just and sufficient cause. |
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(8-23-00) |
A San Carlos Lineman involvement in damaging customer’s trailer; failing to report to supervisor the incident; making inappropriate arrangement with the customer and failing to follow-through with the commitment made to the customer resulted to a just cause for the discharge. However, as to the crises suspension, the Comm. agrees to pay the grievant two weeks at the 2000 rate of pay. |
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(8-30-00) |
An Oakland GSR who is on DML for work performance (i.e. low productivity, tag completion errors and leaving hazards) was discharged for just and sufficient cause due to an avoidable automobile accident that caused traffic collision, damage and significant loss to the Co. and to third party vehicles. |
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(9-12-00) |
A DML was given to a WFC-Gas for failure to adhere to safe work practices, failure to follow instructions of the Inspector and failure to communicate to the change in the work performed, which placed Co. in a vulnerable position. As a crew leader with several years of experience, the grievant is expected to know and comply with all safety and work procedures and policies. In this case, DML is appropriate. |
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(9-29-00) |
In this case, there is no plausible explanation of why the grievant’s read of the new meter was different from the other reads. While the grievant denies curbing, he did indicate he was in a rush and had scoped the meter. The discharge of a Mtr. Rdr. for curbing a single meter was for just and sufficient cause. |
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(9-29-00) |
DML received by the Street Fitter and a Backhoe Operator regarding blow gas situations was reduced to WR. Their actions resulted from an error in judgment rather than from negligence. The PRC is not setting precedent for future similar situations as the expectations of how this kind of situations are to be handled has been clearly communicated to employees. |
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(09-29-00) |
Just cause for the discharge of an MEO for a second positive drug test. |
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(10-12-00) |
DML given to a Troubleman for an avoidable automobile accident (rear ended a third party which resulted in injury to the third party and extensive damage to the third party’s vehicle) was for just and sufficient cause. DML will be deactivated 10/25/00 assuming no other incident occurs prior w/c warrants discipline. |
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(12-1-00) |
Termination of a Marysville Materials Handler for threatening and frightening supervisor with a group of bullets found outside supervisor’s office is for just cause. The grievant poses a real and present danger to the well being of employees with whom he works, particularly if the grievant becomes angry at them. |
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(12-4-00) |
Termination is for just cause for Eureka GC Lineman (16 yrs. of service) for repeated insubordination, alleged intentional bumping and verbally abusing his supervisor, making threats of physical violence toward his coworkers and other incidents of misconduct. |
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(12-20-00) |
Just cause for the discharge of an Oakport Garageman for violation of his “Last Chance Agreement for First time Violators of Company’s Drug Prohibitions - Non-DOT program.” This employee had been unfit for work three times within a nine-month period; refused to go for a Fitness for Duty exam.; and that for the safety of all employees, such behavior cannot be tolerated. |
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P-RC 11413, 12018 & 12019 (1-4-01) |
An Elect. Crew Foreman received 2 WRs for excessive and inappropriate cell phone usage and for failure to adequately tailboard the crew as to their destination to assume maximum safety to himself and fellow employees. DML by being verbally abusive and attempting to provoke physical confrontations in the work environment. The disciplinary action grieved in these cases deactivated before these case reached FF and, therefore, the issue of remedy is moot. Cases are closed w/o adjustment and w/o prejudice to either party position. |
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(2-20-01) |
This grievance does not challenge the WR issued to the GSR being drug test positive, but rather the negotiated procedures used by the Co. to administer the requirements of the DOT. There has been no demonstration that the negotiated procedures were not followed. The parties accept the MRO’s explanation that treatment is tailored to the individual rather than standardized treatment based on a drug test, and they find no abuse of discretion in the design of the treatment program here. No violation in this case and closed without adjustment. |
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(2-20-01) |
WR issued to a Lineman was just and sufficient cause for leaving his crew unattended for a period of time on a workday. However, the one year restriction of being upgraded to ECF was not appropriate; a local Comm. will determine whether any bypass pay is appropriate for any assignments that the grievant may have missed during this period. |
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(5-7-01) |
Discharge of a Lineman for failure to return to work or to submit a completed LOA application form. The Comm. agrees that steps should be taken to protect the rights of employees with medically documented health problems that prevent them from making sound decisions concerning their employment with the Company. Further, because so many extra steps were taken in this case to protect the grievant, there was just and sufficient cause for discharge. |
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(5-9-01) |
DML is for just and sufficient cause to a System Operator (10 years of service) for fraudulently accessing the Internet and misuse of Company time surfing non-business related Internet websites |
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RC 11166, 11167, 11169 & 11172 (5-23-01) |
OR would have been the appropriate level of discipline to four System Operators in Santa Rosa who received WR for having inappropriate information (sexually explicit videos) stored on their Personal (P) Drives at their workstations |
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(5-24-01) |
The discharge of a System Operator with 10 years of service for misconduct (storing sexually explicit materials on “P” drive at work) associated with the cancellation of a clearance, and the writing of a switch log was for just and sufficient cause. |
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(6-5-01) |
Just and sufficient cause for the discharge of a Water Sys. Ope. for giving a Co. key to non-employees, which allowed them to gain access to the Co. property for the purpose of camping. |
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(7-25-01) |
DML was issued to a Street Fitter for entering a hole with blowing gas which is an unsafe working practices. The DML has deactivated making the issue moot. Further, the RC agreed that if there is another grievance involving a DML entering an excavation with blowing gas, the parties may expedite the grv. to arbitration. |
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(8-16-01) |
These cases concern the DML and subsequent discharge of a Richmond Lineman for threatening comments and safety infractions. The grv. was reinstated as a Fieldman Gas T&D in Oakland with backpay at the Fieldman rate with benefits intact. He will be placed on a WR for the period of time that was remaining on the DML. |
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(8-24-01) |
Davis Meter Reader discharged was for just cause for: driving a Co. vehicle without carrying a valid driver’s license; abuse of funeral leave; and, insubordinate behavior by refusing to attend investigative meetings regarding the said issues. |
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(9-13-01) |
Based on the Fieldperson’s extensive record, i.e., leaving the job site without permission; failing to report for POT; and failure to follow the call-in procedure, DML given was for just cause. |
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P RC 12224 (9-13-01) |
A Fresno Lineman was reinstated from termination for falsification of Company records and failure to perform his duties; however, he will be placed on a DML active for one year from the date he returns to work. [Confidential settlement] |
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(9-18-01) |
A Gas Crew Foreman received a DML for performing work without a qualified electrical worker present after dropping a lid assembly on an energized switch and was discharged from a congregating incident. The Comm. reinstated grievant and to receive one-half the back pay from the date of discharge to the date of reinstatement; however, shall be returned on a DML to include the congregating violation and required to complete a DOT Return to Work test. |
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(9-28-01) |
A Red Bluff Lineman was discharged due to a grounding procedure; failed to connect all foreign grounds to the Equal Potential Zone and failed to take action to mitigate an unsafe act. The Comm. agreed to reinstate grievant with the prior DML active for the remaining number of months, approx. 3.5 months. Also to receive a post-DML C&C based on the expectations of the Safety Accountability Model and a negative return to work test is required as he was in the Commercial Driver DOT Pool. |
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(10-19-01) |
Discharge of a Provisional Elect. Meter Sys. Tech. resulting from his conviction of a felony that involved lewd acts upon a child is for just and sufficient cause. |
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(10-30-01) |
These cases concern a violation of a work procedure, DCS Guidelines D-G0013, resulting in a fire to a customer’s home. Agrees that just and sufficient cause existed for the WR given to the Lineman; however, agrees to reduce the DML to a WR without prejudice given to the Elec. Crew Leader. |
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(11-5-01) |
Just and sufficient cause for the WR given to a Working Foreman B and a Backhoe Ope. for unsafe work practices resulting in a gas dig-in creating a hazardous situation and the shut off of gas service to the Oakland Army Base for five days. |
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(11-28-01) |
A DCPP Utility Worker was discharged for positive alcohol testing. The PRC agreed the conditions placed on the grievant’s return to work were consistent with the agreed-to NPG Fitness for Duty Program and made the grievant signed a statement acknowledging to adhere these conditions. To close this case, effective immediately or subsequent to Feb. 2004 for DCPP, Co. will consider the grievant eligible for rehire and/or the HH subject to proof of the grievant’s continued sobriety. This is not to be construed as an obligation or requirement to rehire.. |
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(12-20-01) |
Just cause for the termination of two Gas employees for adulterations of urine sample for drug test. |
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(12-21-01) |
A DML given to a temp. ECF for grounding errors which resulted in injury to a crew member was for just and sufficient cause and that temp. upgrades to ECF should be discontinued until the DML is deactivated. |
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(1-10-02) |
No violations of the agmt. occurred regarding the work jurisdiction between the Troubleman and Gas Service Reps. since the work can be performed by either classification, specifically, responding to customer complaints of part or complete out of electric service. |
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(1-23-02) |
Given the GSR’s negligence and the seriousness of the accident, the Comm. agreed that the WR issued to the grievant for an avoidable auto accident for just cause. |
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(02-07-02) |
DML for two Sys. Opes. for timecard and records falsification was reduced to a WR; case closed through FF level. |
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(02-07-02) |
Termination for physical threat. The grievant’s post-discharge misconduct precludes him from beng reinstated; entitled to back pay and benefits. |
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(02-11-02) |
Reinstatement with benefits and half backpay for a Sys. Ope. for falsification of timecards, the D.O. log and switching error. |
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(02-13-02) |
Based on the multiple acts of misconduct during and after the grievant was placed on a DML, the PRC agreed that the termination was for just and sufficient cause. |
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(03-19-02) |
An OR given to a Meter Reader for failure to carry his dog wand had deactivated while this grv. was being processed making the issue moot. Cased closed without adjustment. |
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(03-26-02) |
Just cause for the discharge of a System Operator who was absent from work without permission in excess of 10 consecutive days due to incarceration. |
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(06-14-02) |
To maintain staffing level (Service Operators) in Concord. |
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(06-20-02) |
This grv. is regarding “light duty from an industrial injury.” Closed without adjustment on the basis that the remedy sought by the grv. is in the proper forum, before the WCAB (Workers’ Comp. Appeals Board). |
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(06-21-02) |
No violations occurred in barring and/or bypassing the grievant from bidding into the positions of ECF, Troubleman, UG Gas & Elect. Crew Foreman after reinstated from termination for post-DML misconduct. |
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(07-15-02) |
Discharge of a Meter Reader for curbing was for just and sufficient cause. The preponderance of evidence indicates the grv. was aware at the time that what he did was curb and that the penalty was discharge without consideration to any mitigating circumstances. |
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(08-06-02) |
OR and WR, respectively, in work performance (entering multiple units into FAS) issued to a GSR were for just and sufficient cause. |
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RC 13324 (09-26-02) |
DML was reduced to WR regarding DCPP’s Mech. Rigger’s participation in creating an unsafe work condition and harassing an employee who filed a safety concern. [Confidential settlement] |
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(09-26-02) |
Just cause for the DML given to a T-200 Lineman for violation of safety rules (rubber glove procedure), which resulted in his being seriously injured. |
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(09-30-02) |
Discipline is for just and sufficient cause given to a Subforeman A and an Appr. Lineman for safety violations (Tailboard Briefings) resulting in the injury to a 2nd step Appr. Lineman on their crew. |
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(10-16-02) |
DML was reduced to a WR regarding a Stockton Troubleman’s inappropriate comments and behavior toward a supervisor. |
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(12-23-02) |
WR in attendance given to an Electrician was reduced to an OR, but the WR in conduct was upheld. |
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(12-23-02) |
Just cause for a WR given to an ECF for inappropriate and profane comments to a customer. |
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(01-24-03) |
DML given to a Meter Reader for inappropriate behavior with a customer on the customer’s premises was reduced to a WR in the conduct category. |
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(02-24-03) |
Discharge of a Mtr. Rdr. for reporting false meter readings. Reinstated without back pay, benefits intact except vacation forfeiture. |
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(03-04-03) |
The discharge of a Livermore Meter Reader for curbing (taking short cuts by not reading all of the dials) was for just and sufficient cause. |
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(03-14-03) |
For curbing a single meter, the discharge of a Merced Meter Reader was for just and sufficient cause. |
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(04-11-03) |
Discharge of a long service Gilroy GSR for tag falsification is for just and sufficient cause. |
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(07-02-03) |
Just cause for the discharge of a Colma Meter Reader for short dialing. |
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(06-10-03) |
Termination for tested positive on a random drug test was not just cause. Reinstated to former position and paid whole for all lost wages and benefits less interim earnings. |
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(06-13-03) |
A WR given to a Bakersfield Meter Reader for reading errors. Agreed to closed this case without adjustment. |
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(07-30-03) |
Agreed that a DML given to an Equip. Mech. for inappropriate and threatening behavior and creating a hostile work environment is for just and sufficient cause. |
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(08-18-03) |
Proposes labor sharing agreement currently in place for nuclear power plants affiliated with the Utility Service Alliance (USA). This USA labor sharing agreement has been modified slightly to meet the needs of DCPP. |
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(09-22-03) |
The discharge of an Oakport Probationary Rlf. Svc. Ope. as a result of a verified positive DOT random drug test is for just and sufficient cause. |
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(10-29-03) |
Just cause for DML given to a Colma Troubleman for his involvement in an altercation with a GC crew. |
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(12-03-03) |
The discharge of an MEO for violating safety measures (horseplay, not acceptable) was for just and sufficient cause. |
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(01-27-04) |
The discharge of a Bakersfield Troubleman for shutting off customer accounts without authorization is for just and sufficient cause. |
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(03-15-04) |
Updates of the administrative procedures for the federally mandated DOT drug testing programs; incorporates provisions for the Pipeline Safety and Commercial Driver testing programs and includes changes in DOT regulations since the programs were first implemented. This LA cancels and supersedes LA 90-86, LA 95-31 and LA 95-32. |
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(03-26-04) |
Discharge of a Troubleman for diversion of energy is for just and sufficient cause. |
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(04-27-04) |
Termination of an SF Gas Service Representative is for just and sufficient cause for public service trustworthiness when the Co. found out of grievant’s conviction of running a house of prostitution |
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(05-25-04) |
Discharge of a Cinnabar Lineman for inappropriate language toward a supervisor is for just and sufficient cause. |
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(08-19-04) |
Discharge of a Bakersfield Meter Reader for curbing a meter was for just cause. |
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(09-22-04) |
A Bakersfield ECF who was discharged for abuse of sick leave and violation of the Outside Employment Policy elected to retire; which, on this basis, case closed without adjustment and without prejudice to either party. |
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(09-20-04) |
Pismo Beach is a “Satellite Facility” in the Materials Dept., primarily handling materials for the Utility Operations line of Business. This LA proposes that a DCPP “Remote Service Point” be established as a separate entity from the present “Satellite Facility” at Pismo Beach. |
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(09-29-04) |
Supersedes HH LA 01-09 and amends HH process and procedures. Key items to make the program more efficient include the Union converting to “Labor Power” software and the mailing of notification cards to HH applicants to update their information and profile; and PG&E implementing the changes to the payroll system. HH employees currently working will not be required to meet the pre-employment requirements until such time they are re-dispatched. |
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(11-12-04) |
Co. proposes a 24-month New Business Pilot; encourage developers to come to PG&E for their new business work by committing to meet all reasonable schedule requests. |
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(12-10-04) |
Discharge of a Gilroy Meter Reader for inappropriate conduct with a customer was for just and sufficient cause. |
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(12-23-04) |
Discharge of a DCPP Chem. & Rad. Tech. for falsification of a radiological survey is just cause without mitigation. |
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(01-31-05) |
DML was given to Bakersfield GC Subforeman for an incident where a crane fell over and employee injuries occurred. Just cause for the discipline, however, was already mitigated by the shortened active life of the DML. |
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(02-09-05) |
An M&C Mechanic, Merced, discharged for a 2nd positive DOT drug test, reinstated without backpay as a Fieldman in Oakland, however, shall not be assigned to work alone; with DML for one year from the date of return to work and with some stipulations to follow upon return |
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(03-02-05) |
Termination of a Troubleman for misconduct, leaving his work area without authorization to drive to unassigned work site to dissuade and intimidate a crew from performing emergency work to restore customers to service, plus insubordination to another supervisor disregarding a directive to leave the area, is for just and sufficient cause. |
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(03-04-05) |
The discharge of a Lemoore Troubleman for continuing to submit time and expenses for which he was not entitled and failure to complete a work assignment was for just and sufficient cause. Grievant retired in lieu of discharge, thereby making his grievant moot. |
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(04-27-05) |
To establish a Commuter Transit Program (CTP) allowing employees eligible under the IRS definition for Commute Transmit Program to enroll and participate in the program. |
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(04-29-05) |
Recommends that former regular status PG&E ees. who are eligible for rehire be allowed to be dispatched to their former classification or any classification lower in the LOP on a temp. basis. |
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(06-10-05) |
To promote proper design and implementation of Business Transformation and infrastructure investment consistent with relevant contractual provisions. |
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(08-05-05) |
DML given to a Fresno ECF for a failure to follow a safety work rule that resulted in a fire to a residence causing 3rd party injury, customer vehicle damage and a tree. Issue is considered moot since the DML has expired. |
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(10-12-05) |
The SF Appr. Fitter discharged for misrepresentation of his medical condition in order to receive Worker’s Comp. benefits is for just and sufficient cause. |
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(10-26-05) |
Just cause for the WR given to a San Rafael Troubleman resulting from a customer complaint – blocking a customer’s garage driveway exit, which is unlawful. |
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(11-01-05) |
WR was for just and sufficient cause given to a Fresno Materials Handler for inappropriate conduct in the workplace – harassing another employee. |
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(11-17-05) |
DML given to an Electrician for having inappropriate and pornographic photographs on the Co. computer is for just and sufficient cause. |
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(01-03-06) |
A System Operator was terminated for improperly handling a 911 telephone call from CHP; however, the termination is overturned and grv. shall be returned to his former position with full seniority, but without back pay or benefits. |
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(01-17-06) |
The DML (for timecard falsification and unsafe operation of a Co. vehicle) and the discharge (for an extended unauthorized absence from work) of a Compliance Inspector were for just and sufficient cause. |
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(02-15-06) |
A San Luis Obispo Meter Reader was discharge for short-dialing or curbing. If he submitted a DOT negative result, will be reinstated with 50% back pay and Benefits intact, except for vacation forfeiture. Oral Reminder in the work performance active for 6 months from the date of return to work. |
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(03-06-06) |
Establish Exhibit XVIII - Conditions Applicable to New Generation Power Facilities applicable to Power Plant Technician. |
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RC 16054 (04-18-06) |
An Electrician from Gates Substation, who was discharged for inappropriate use of Co. computer will: be reinstated; have benefits restored; received back pay; placed on a DML for one year; be barred from being awarded a job; and will receive a supervisory referral to EAP. [Confidential settlement] |
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(04-20-06) |
To implement new tools, processes and operational approaches, Co. implemented Business Transformation. Some of the changes modify the dispatch functions – consolidating dispatch operations and to improve the dispatch process through the integration of technology, new work practices and expanded employee responsibilities. Establish new classifications – (1760) Work & Resource Dispatcher, (1761) Relief Work & Resource Dispatcher, and (1762) Work & Resource Dispatcher-in-Training. |
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(06-16-06) |
Proposes that the Relocation Dept. make arrangements to work with individual ees. who will remain on a temp. assignment beyond 12 mos. to determine the amount the Co. will gross up their temp. assignment expenses. |
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(06-22-06) |
A WR given to a Div. Ope. for violation of Co.’s anti-harassment and employee conduct is for just and sufficient cause. |
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(07-06-06) |
Discharge of a Merced Gas Service Representative from Long Term Disability due to the expiration of his benefit eligibility is closed without adjustment. |
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(06-01-06) |
Fresno Meter Reader discharged for several conduct related issues was reinstated without backpay. |
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(01-17-07) |
Since the WR in the Conduct category (for specifically instructed not to utilize a vacuum trailer to clean up an oil spill in a junction box) given to an Equipment Operator was deactivated; case closed without adjustment on the basis that it is moot. |
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(12-21-06) |
A 35-year employee and an 8-year Troubleman, who was terminated for conducting personal business on Company time and multiple safety infractions was given a PD for just cause. |
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(01-30-07) |
The discharge of a Div. Lineman for misuse of Company credit card (P-card) and failure to timely reconcile the credit card charges was for just and sufficient cause. |
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(02-14-07) |
A long-service Lineman who temporarily working as a Work and Resource Coordinator was discharged for being involved in an avoidable hit and run accident in a Company vehicle. The PD is for just and sufficient cause and closed without adjustment. |
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(04-04-07) |
The Comm. agrees that there are no mitigating reasons for reducing or rescinding the WR given to a Fitter for an avoidable auto accident (the vehicle was totaled). |
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(04-04-07) |
The DML given to a Troubleman for an avoidable auto accident was for just and sufficient cause for the seriousness of the major incident (grv. sustained severe injuries, as well as totaling a Co. vehicle). |
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(04-26-07) |
Based on the seriousness of the Co. vehicle accident (minor injuries and the truck was totaled); the Comm. agrees the DML given to an Elect. T&D Assistant was for just and sufficient cause. |
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(04-26-07) |
Agrees that the grievant was a casual employee (Utility Worker) and terminated for unsuitability and as such, this issue is not a proper subject for the grievance procedure. |
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(06-30-07) |
Given the amount of damage ($8,000) and contributing factors of inattention and speed, WR given to the San Jose Apprentice Lineman for an avoidable automobile accident was for just cause. |
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(06-30-07) |
Due to the time frame the discipline is moot for the WR given to a DCPP Control Tech. for excessive personal use of a Co. computer and for timecard falsification. Closed without adjustment. |
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(06-30-07) |
The discharge of a Sacramento CC Service Rep. for making an inappropriate comment to a customer and improper transfer of a call was for just cause. |
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(06-30-07) |
Just cause for the discharge of a San Carlos Elect. T&D Assistant for an avoidable vehicle accident (two incidents within less than a year and was short-service which resulted in significant property damage). |
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(9-29-07) |
The discharge of a Davis GC Hole Digger Operator for a 2nd DOT positive test was for just cause. |
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(9-29-07) |
The DML and subsequent discharge of a Bakersfield Gas Service Representative for an avoidable auto accident that caused major damage to a 3rd party vehicle and significant damage to the Co. vehicle was issued for just cause. |
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(9-29-07) |
The DML given to a Davis GC Working Foreman C for failure to conduct a proper tailboard and failure to follow proper testing and grounding procedures was issued for just cause. |
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(9-29-07) |
The discharge of a Martin Svc. Center GC UG Subforeman A for failure to follow work procedures (spiking the wrong cable that caused to blow up and resulting to a costly repair for the damage) was issued for just and sufficient cause. |
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(10-23-07) |
The discharge of an M&C Mechanic for submitting to Co. a falsified court order for withdrawing funds from his 401K account was for just cause. |
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(11-16-07) |
WR to a Napa Lineman for an avoidable auto accident issue is moot since the WR was already deactivated. |
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(11-16-07) |
These grievances (termination of HH Meter Readers for unsuitability) are not proper subject for the grievance procedure. No violation occurred. |
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RC 16601 [Arb. 284] and RC 16744 [Arb. 285] (03-25-08) |
An Edenvale/San Jose Appr. Lineman was given a DML and then was terminated for work performance (avoidable vehicle accident). Parties were able to reach a resolution before the sched. arb. hearing date. Grv. was reinstated; will receive retroactive pay; benefits will be restored and will be placed on a DML active from the date of his return to work. |
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(04-16-08) |
A DML given to a Salinas Meter Reader for an avoidable vehicle accident that cause total loss of the Co. vehicle was for just cause. |
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(04-16-08) |
Case is closed without adjustment and without prejudice to the position of either party for the WR given to a GC Welder in Manteca for a work performance error resulting in another employee being injured. |
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(04-16-08) |
A DML given to a Troubleman in Richmond for making threatening comments, failing to report for work as instructed and being late for work without calling was for just and sufficient cause. |
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(04-16-08) |
A DML given to a GC Working Foreman B, Martin Svc. Center, for work procedure errors resulting to a significant damage to the customer’s property was given appropriately. Closed without adjustment. |
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(11-22-08) |
Termination of a Troubleman in Red Bluff for failure to follow safe driving practices, resulting in another avoidable accidents while on active DMLs is upheld. |
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(11-22-08) |
Termination of an Electric Crew Foreman (with a total of 46 years of service with the Co.) for a minor avoidable accident is reduced to an oral reprimand. Reinstated to former position, with seniority intact, with back pay and other economic benefits in the Agreement. |
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(12-03-08) |
An OR given to a Fresno MEO for unprofessional and demeaning behavior toward co-workers deactivated rendering the issue moot. |
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(12-03-08) |
Discharged of a Richmond Troubleman due to an automotive accident and the failure to follow instructions was reinstated without back pay and the DML will remain active for a period of approx. 7.5 mos. |
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(12-03-08) |
The UG Const. Journeyman who was discharged for personal use of Co. equipment, misuse of Co. work time and restoration of power at his personal residences was reinstated without back pay and will be placed on a DML for one year. |
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(01-14-09) |
An Appr. Equipment Mechanic who was temporarily placed as a Meter Reader and failed to comply with the requirements of the “Return To Work Process” was terminated, but will be returned without back pay or benefit; however, will keep his original employment date. |
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(01-14-09) |
Chico Meter Reader’s discharge for altering Company records (Class II rebates) was for just and sufficient cause. |
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(01-14-09) |
A Metering Technician was issued a DML for work performance (improper meter installation and energizing), however, the discipline has been deactivated and the case is considered moot. |
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(01-14-09) |
A San Rafael M&C Mechanic for discharge for falsification of gas maintenance records. PD is for just and sufficient cause. |
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(01-14-09) |
The discharge of a Fresno Electrician for numerous violation of company policies and failure to follow safe practices (grounding errors) was for just cause. |
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(01-14-09) |
The WR has been deactivated and the case is considered moot and was closed for a WR issued to an ECF as a result of a grounding incident which caused an outage to customers. |
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(01-14-09) |
A DML issued to a Vallejo Elect. Crew Foreman for misconduct (inappropriateness of urinating on Co. property) was reduced to a WR. |
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(01-14-09) |
A Diablo Canyon Mechanic/Rigger’s DML who violated safe work practices for driving a crane into the guy wires of a meteorological tower that caused significant damage to property and inconvenience to other employees – was determined to be for just and sufficient cause. |
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(01-29-09) |
The DML was issued appropriately to a GC employee for refusing a directive and responding in an aggressive manner resulting in a physical altercation. |
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(01-29-09) |
Discharge was for just cause issued to a Mechanic Welder for the theft of another employee’s recognition gift card and use it for his personal gain. |
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(02-06-09) |
Just cause for the terminated of an Electrician for an altercation that started on Co. property and continued at a nearby establishment where the grievant assaulted his co-worker. |
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(02-06-09) |
WR issued was reduced to an OR to a Gas Serviceman for his role in a vehicular backing accident. |
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(02-06-09) |
An OR was issued for just cause to a Cable Splicer (with just over four years of service) for insubordination for failing to report to work. |
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(02-06-09) |
An OR was issued for just cause to a Cable Splicer (with six years of service) for insubordination for failing to report to work. |
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P RC 17593 (02-10-09) |
Termination of a Meter Reader following two automobile accidents while on a DML was for just and sufficient cause. [Confidential settlement] |
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(2-27-09) |
DML issued to an ECF for two consecutive avoidable automotive incidents over a 2-day period. Since the DML has expired, the issue of appropriate level of discipline is moot. |
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(2-27-09) |
DML of a SF Cable Splicer, along with his placement into another hdqs. for his continued harassment of a coworker. Management has the right to bypass him in accordance with Section 205.11 or 205.14 should the grievant attempt to bid into the SF hdqs. in the future. Given that the DML has expired, the issue is moot. |
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(3-10-09) |
DML issued for inappropriate comments was for just cause. In regards to demotion, agree to return the grievant to a Subforeman A (GC) position and the Co. will also pay an equity settlement. |
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(03-10-09) |
Termination of an Electrician while on DML for the switching errors was for just cause for failing to follow procedures and falsified records. |
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(03-10-09) |
A Utility Worker’s termination for his conduct and attendance while on a DML was for just cause. |
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(03-31-09) |
The DML was issued to a Subforeman A for violation of safe work practices and was demoted to a Lineman for putting others at risk of injury. The parties agree that the DML was for just cause; however, the grievant can now bid to a lead classification. |
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(03-31-09) |
The termination of the Lineman who violated safety procedures and work practices while mentoring an apprentice justifies the discipline. |
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(03-31-09) |
The Troubleman was terminated for just cause for violation of USP 1 ( use of alcohol on the job). Also not eligible for rehire but may work for contractors that may perform work on Co. facilities. |
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(09-17-08) |
The DCPP Machinist was terminated for failing to follow Supervisor’s directions to adhere safe work practices. The grievant is reinstated with a WR and is to receive full back pay and benefits. |
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(05-20-09) |
A WR issued to a Lineman as a result of the Co. vehicle being struck by a 3rd party is appropriate, but agrees to deactivate the discipline effective the date of this decision. |
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(05-20-09) |
Discharge of a Gas Fitter for failing to bring about a positive change in misconduct behavior within the active period of his DML was for just cause. |
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(05-20-09) |
A DML given to an MEO that resulted in a Co. vehicle striking a 3rd party vehicle will be reduced to two WRs: one in Conduct for failure to report the accident; and, one in Work Performance for the accident. |
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(03-10-09) |
Termination was for just and sufficient cause for a Meter Reader with less than 4 years of service for violating a number of rules, backing accident, failure to report the accident and a positive drug test - all within a short period of time. |
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(03-10-09) |
The termination of a Utility Machine Operator for consumption of alcohol on Co. property during his lunch period in violation of USP 1 was issued for just and sufficient cause. |
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(06-22-09) |
A Meter Reader (with 12 years’ seniority) who was terminated for a positive result on a urine drug screen was reinstated, with seniority intact, with back pay and other economic benefits. |
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(07-09-09) |
A WR issued to a Gas Serviceman for violating a Company policy and the State Law on cell phone use while driving a Co. vehicle was for just cause. |
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(07-09-09) |
The WR issued will be in the work performance category in the grievant’s file for using a cellular phone while driving without using a hands free device. |
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(09-04-09) |
Staffing level in the Ukiah hdqtrs is inadequate. Once or twice a month the crew works with a contractor to complete the required work. The crews have been told if it is not safe do not do the work until it is made safe. Based on the facts presented, there is no violation of the agreement. |
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(09-04-09) |
Grievant’s action that resulted in an uncontrolled gas release, loss of service to customers and repairing the leak without following procedures – demotion from WFB and DML issued is appropriate. If there are no further safety infractions attributed – he can bid back to the WF classification once the DML is deactivated. |
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(09-04-09) |
Termination of an Operating Clerk for inappropriate behavior, insubordination and conduct (used profanity and racial slurs) was issued for just and sufficient cause. |
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(09-18-09) |
A DML issued to a Backhoe Operator for the number and the severity of the safe work procedures was for just and sufficient cause. |
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(09-18-09) |
The discharge of a Trans. Troubleman for possession of a marijuana butt in his Co. vehicle and for having pornographic images and text messages stored on his Co. cell phone is for just and sufficient cause. |
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(09-18-09) |
Issue: DML and termination of a Eureka Lineman for work performance and conduct for failure to exercise good judgment, which resulted in an injury and being part of a crew that failed to properly complete a job. DML was removed and the grievant will be returned at the C&C step with back pay and benefits, less any outside earnings. |
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RC 18470 (10-02-09) |
Written Reminder issued to a Fresno Lineman for inappropriate and excessive use of a Company cell phone was issued for just and sufficient cause. [Confidential Settlement] |
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RC 18637 (10-02-09) |
Termination of a Fresno Lineman for bringing a weapon onto Company property in violation USP 1 was issued for just and sufficient cause. [Confidential settlement] |
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(10-02-09) |
DML issued to a W&R Dispatcher for failure to follow instructions given to him by his Supervisor was for just and sufficient cause. |
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RC 19026 (10-02-09) |
DML given to a Roseville GSR for an automotive accident was issued for just and sufficient cause. [Confidential settlement] |
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(02-11-10) |
Termination of a Working Forema A for an altercation with a crew member and other violations of the Employee Conduct Policy. |
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P RC 18669 (02-11-10) |
A DML was issued to a Lineman for causing damage to a 3rd party and failing to notify supervision of the accident in a timely manner. The DML has since deactivated which makes the DML moot; however, the parties maintain their respective positions. [Confidential settlement] |
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(02-11-10) |
WR was issued for just cause to a Lineman for a work procedure violation, specifically working without proper grounding. |
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(02-11-10) |
A DML issued to a Meter Reader for a backing incident was for just and sufficient cause. |
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(02-11-10) |
The Gas Crew Leader was issued a DML for just and sufficient cause for an avoidable vehicle accident. |
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(02-11-10) |
An Ope. Clerk-Typist was issued a WR for falsely reporting a gas leak at her home in order to get a GSR dispatched. The Committee agrees to close this case with the deactivation without prejudice of the WR on the date of the parties signature. |
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(02-11-10) |
WR was issued for just cause to a WF A for an avoidable automotive accident which resulted in 3rd party property damage and could have resulted in much more serious injury. |
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(02-11-10) |
The DML issued to a Cable Splicer in work performance for a network switching/grounding error was reduced to a WR. |
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(02-11-10) |
A DML issued to a journeyman Cable Splicer was for just cause for failure to follow work procedure which resulted to severe switching errors causing damage to company equipment and putting the circuit at risk. |
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(02-11-10) |
An Apprentice Lineman was issued a DML for an accident that resulted in a serious injury to a fellow ee. Parties agreed the discipline was for just and sufficient cause. |
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(02-11-10) |
A Working Foreman A was terminated for an alteration with a crew member and other violation of the Employee Conduct Policy. Since the grievant released the Co. from all claims, this grievance is closed. |
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(02-11-10) |
Concerns a DML issued to an Electrician following a switching error and the second case concerns the discharge of the Electrician to poor work performance. Parties agree to reduce the switching error case to a WR and to sustain the second case due to the severity of the infraction (performing the work without taking the necessary precautions and the result was a sustained customer outage). |
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(03-16-10) |
DML was issued to a T-man for a serious violation of a safety rule. Since the DML timed out the parties agreed to close the case without adjustment and without prejudice to either party. |
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(03-23-10) |
A Lineman discharged for work procedure errors was returned on a DML without back pay. |
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(03-23-10) |
Discharged of a GC ee. for inappropriate conduct towards female co-worker during non-working hours. A confidential monetary settlement was negotiated and to return the grievant back to his former GC classification. Placed at the DML step and also required to pass the DOT drug and alcohol test prior to returning to work. |
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(04-15-10) |
Termination of a Senior Meter Reader for various claims of sexual harassment whle on a DML for similar conduct was issued for just cause. |
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(05-11-10) |
To modify item”C. “Priority of Referrals and Pay” in the Hiring Hall LAs R1-04-12 and R1-08-26. |
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(06-04-10) |
A WR was issued for just cause to a Fresno GSR ee. for an automotive accident that cause damage to the vehicles and injuries. |
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(06-04-10) |
A DML was issued to De Sabla Gas Crew Leader-Welding for not following work procedures and for falsifying the “A” form. Discipline has been deactivated and incident on the ee.’s PD tracking log will be removed. |
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(06-04-10) |
An Oakport GSR, while on an active OR in work performance, was issued a DML for sleeping on the job, no cones out, and the engine running while he was not alert. Case closed without adjustment. |
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(06-04-10) |
Just cause for the termination of an Elect. Mtnce. Crew Leader for reporting to work unfit and driving a Co. vehicle while under the influence of alcohol. |
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(06-04-10) |
A Chico Fieldperson was issued a DML for a Mark and Locate mis-mark which resulted in a dig-in and for work procedure errors. Agreed to send this case back to the LIC for resolution. |
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(06-04-10) |
Discharge of an ECF for a work procedure error resulting in damage to equipment, an explosion an outage to customers. Grievant elected to retire and the parties agree to this action in lieu of termination. |
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(06-04-10) |
Discharge of a Troubleman for cancelling two shut off for non pay on tags for his residence, improperly entering information into FAS and for conducting personal business on Co. time. The ee. has elected to retire and the parties agree that his action is in lieu of termination. |
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(06-04-10) |
A No. Bay GSR was terminated for a second DOT positive based on a shy bladder determination. The grievant will be returned without back-pay or benefits but will retain his service date. |
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(06-04-10) |
Discharge of an ECF for a work procedure error resulting in damage to equipment, and explosion and outage to customers. The employee elected to retire and the parties agreed to this action in lieu of his discharge. |
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(07-27-10) |
A WR issued for a backing accident to an MEO is reduced to an OR for trying to follow proper procedures not to struck a park car causing minor damage. |
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(07-27-10) |
Failing of the Troubleman’s commitment to follow all Co.’s work rules and standards for a 12 month period while on an active DML to secure his truck bins resulting in the theft of Co.’s tools and equipment, termination was for just cause. |
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(07-30-10) |
Termination was for just cause of a GSR for not notifying his supervisor about a gas leak from a customer’s residence that caused an explosion and an evacuation from all affected customers from their houses. |
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(08-11-10) |
Suspension and discharge for racially derogatory, sexually harassing and threatening comments in the workplace of a Senior Meter Reader results to an agreement for just cause disciplinary actions. |
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P RC 19168 (08-11-10) |
The termination of a GSR for failing to inspect a customer’s wall heaters and falsifying FAS entries was for just cause. [Confidential settlement] |
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P RC 19484 (08-27-10) |
A Telecomm. Tech. was issued a WR for leaving his work area without permission. The discipline has been deactivated and the issue is moot. Case closed without adjustment. [Confidential settlement] |
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(08-27-10) |
Discharge was for just cause of an Apprentice Electrician for a vehicle rollover incident which resulted in serious injury to a co-worker. |
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(08-27-10) |
Termination of a GSR for a 2nd DOT positive due to his failure to provide a specimen. Guidelines and procedures were followed and there were no “fatal flaws” in the collection process. Case closed without adjustment. |
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(9-17-10) |
A GC Miscellaneous Equipment Operator’s termination for a 2nd DOT positive test result was for just cause and in compliance with the DOT guidelines. Termination is sustained and the parties agreed to close this case with a “compromise and release” signed by the parties without prejudice. |
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(9-17-10) |
An Edenvale Compliance Inspector was terminated for falsification of Co. Records and failing to inspect electrical facilities. Investigation into a single event could lead to the discovery of other occasions of falsification thereby subjecting the ee. to discharge which was for just cause and closed without adjustment. |
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(9-17-10) |
A DML was issued to San Carlos Transmission Troubleman for an avoidable vehicle accident and failure to timely report the incident (damaged the bins on his truck while attempting to cross a bridge). The grievant received the DML for two automotive accidents within eight mos. therefore, there was just cause for the DML. |
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(9-17-10) |
A Eureka Transmission Troubleman received an OR for failure to timely report a motor vehicle incident (a deer bolted out onto the roadway striking the Co. vehicle). Failing to notify his Sup. after the incident, whether he saw damage or not violated the rule and OR is appropriate. |
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(09-23-10) |
Termination of a Miscellaneous Equipment Operator for refusal of DOT test was for just cause. The Co. had just cause to consider grievant a “refusal to test” and a “1st time positive” under the Letter Agreement and the DOT regulations. |
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(9-30-10) |
DML was issued to Shasta Lineman as a crew leader while on WR for improper grounding and for not following UG Dist. proper grounding procedures. Given the heighten awareness around grounding and the additional raining that has been provided to the employees there is no reason not to use the proper grounding method. The discipline has been deactivated and closed without prejudice to either parties’ position. |
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(10-29-10) |
The GC Gas Fieldman was issued a DML for an avoidable MVI (Motor Vehicle Indicent)- Co. dump truck struck an overhead phone cable. Based on the fact that the PD has de-activated, the parties agree to close this case without prejudice to either parties’ position. |
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(10-29-10) |
A San Jose CC Sr. Svc. Rep. I was issued a WR for a customer complaint and history of mishandling calls. The grievant exhibited not to be rude, disrespectful or demonstrate an unwillingness to assist the customer. The WR has de-activated and case close without prejudice in regards to the severity of the discipline. |
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(01-09-11) |
A Gas Crew Leader was terminated for misconduct – used racist ephithets and profanities toward co-workers. Discharge was not for just cause, however, a 60-day suspension was for just cause. Reinstated without loss of seniority and receive pay and benefits. |
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(02-02-11) |
Termination was not for just cause and discipline was reduced to an OR. Reinstated with back pay and other benefits. In supplemental award [Arb 283], the backpay remedy includes lost OT. |
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(04-22-11) |
Termination of a Woodland Lineman for a work procedure error and providing false information during investigation. Given the potential for serious injury and death in this incident, the Comm. agrees that the discipline was for just cause. |
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(04-22-11) |
A Sacramento Equipment Operator was terminated for failing to mark and locate (M&L) and documenting that it was done while on an active DML. The grievant had the training, made errors resulting in dig-ins and documenting M&L work that was not done. Termination was for just cause and case is closed without adjustment. |
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(04-22-11) |
Discharge of a SF GC Fieldperson for restoring service to his residence after being shut off for non payment was for just cause. |
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(04/22/11) |
DML given to an Electric Crew Foreman and WRs given to three Linemen for violating a work procedure and failure to exercise good judgment that resulted in an energized line making contact with their line truck. Case closed without adjustments. |
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(04-22-11) |
Discharge of a Davis GC MEO for an Avoidable Motor Vehicle Accident (MVI). Based on the multiple infractions in this incident and based on previous positions of the parties in P RC 18669, the discharge in this case was for just cause. |
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(04-22-11) |
A Merced GC Subforeman A was issued a WR for a work procedure error resulting in an outage to customers. Discipline has been deactivated. Case is moot and considered closed without prejudice to either parties’ position. |
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(04-22-11) |
A West Sacramento Light Truck Driver was issued a DML for involvement in an avoidable automotive accident. Based on Grievant’s awareness of the van’s handling issues, route weather and road conditions, he continued to drive the vehicle and the CHP cited the cause of the accident an “Unsafe Turning Movement”, the Comm. agrees that the DML was for just cause. |
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(04-22-11) |
The Light Truck Driver, West Sacramento, was issued a DML for an automotive accident. The vehicle struck a concrete bridge rail slid across both lanes of traffic and then flipped over. Given the serious nature of the accident and the potential injury, the Comm. agrees to close the case without adjustment. |
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(05-16-11) |
A DML was issued for a backing accident to a Lineman currently on an active WR. The DML is now moot and the case is considered closed without prejudice to either parties position. |
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(05-16-11) |
An Elect. Mntce. Crew Leader was issued a WR followed by a DML which were related to switching errors. The discipline in both cases is now moot and the parties agree close the cases without adjustment and without prejudice. |
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(05-16-11) |
A Troubleman was given a DML for failure to wear fall protection. The DML is now moot and the case is considered closed without prejudice to either parties’ position. |
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(06-10-11) |
The WR issued to a Lineman, Stockton, for a backing accident was for just cause. Case closed without adjustment. |
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(06-27-11) |
An Elect. Crew Leader had his P-card privileges taken away and was coached and counseled for unreasonable meal costs. Agreed that the C&C did not violate the agmt. and the revocation of the P-card is not subject to the grv. procedure. |
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(06-28-11) |
A GC crew, a Lineman, fell from a pole and was fatally injured. DML and 12-month demotion was issued to the Sub-foreman and WRs were issued to two crew members. Despite extensive discussion, the parties could not reach resolution. At this point, the active period of the discipline has expired and the Sub-foreman has returned his classification following the completion of his 12-month demotion. Cases closed without adjustment and without prejudice to the positions of the parties. |
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(07-26-11) |
Discharge of a Sr. Meter Reader for bullying behavior. Grievant will be reinstated; demoted to Meter Reader; placed on DML step of PD; no back pay and benefits reinstated. |
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(07-26-11) |
A WR issued to a Gas Service Rep. for a backing accident. In regard to the grievant’s efforts to avoid the accident and the grievant’s acknowledgement for not performing a visual inspection to ensure clearance before backing – the WR was issued for just cause. |
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(07-26-11) |
Discharge of a Gas Service Representative for not conducting properly at a customer’s residence. For failing to provide adequate customer service and for ignoring the safety concerns of the customer, the discharge was for just cause. |
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(07-26-11) |
Discharge of an Electric Meter Technician for failing to follow testing and grounding rules. Failing to ensure equipment is de-energized and failing to install grounds are both very serious safety violations – the discharge was for just cause. |
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(08-23-11) |
A Work & Resource Dispatcher was issued a WR for sending inappropriate e-mails. Agrees discipline was warranted in this case. Given that the discipline has been deactivated, the Comm. closes this case without prejudice to the positions of the parties. |
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(08-23-11) |
A Foreman’s Clerk was issued an OR for interactions with an instructor at a training session. While the OR has been deactivated, the Co. agreed to permanently remove the OR entry from the grievant’s Employee Performance Record. |
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(09-27-11) |
A GC Utility Worker was discharged for sending threatening text messages and making inappropriate and threatening comments directed at co-workers. Discharge was for just cause and closes this case without adjustment. |
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(09-27-11) |
DML was issued to an employee for having an inappropriate calendar inside his assigned Co. vehicle. Given that it has been 13 ½ months since the date of the incident; the discipline was deactivated effective 9/21/11 as a matter of equity. |
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(10-13-11) |
A Work & Resource Coordinator was issued a DML for failure to follow instructions and to obtain prior approval to work OT. Discipline was issued for just cause. |
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(10-13-11) |
While on a DML, a Work & Resource Coordinator was discharged for an avoidable motor vehicle incident. With the police investigation conclusions that the grievant was at fault for the accident, the discharge was for just cause and closes this case without adjustment. |
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(10-17-11) |
A DML was issued to a Lineman for not conducting an adequate tailboard and identifying and mitigating risks associated with the job that resulted to a T&D Equipment Ope. who was fatally injured. The DML was issued for just cause; in addition, the Co. reserves the right to bypass the grievant to Foreman or Crew Leader classifications by making an appointment on the basis of ability and personal qualifications under Sec. 205.14. |
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(10-17-11) |
A Water System Repairperson was issued a DML for a backing accident involving a 3rd party vehicle. Based on the grievant’s acknowledgement that he was not paying attention, the DML was issued for just cause. |
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(10-17-11) |
A Street Light Maintenanceperson was issued a DML for an automotive accident – hit the ceiling of the In-N-Out drive through overhang. Agrees that the discipline was appropriate, but that the level of discipline should be a WR. With this adjustment, the grievance is closed. |
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(10-17-11) |
Discharge of a Reprographics Operator for accessing pornographic material with Company computer resources. This grievance was settled back to PRC level. The grievant has opted to retire and has signed a Compromise and Release Agreement waiving his rights to pursue this grievance. |
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(10-20-11) |
Termination of an Electric Crew Foreman for conduct – switching error. Grievant reinstated and made whole for his losses with appropriate offsets. |
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(10-24-11) |
A Gas Service Rep. was issued a WR as a result of the grievant’s work in connection with a “leak at the heater” tag he worked. The 12-month active period is over and assuming no further incidents have occurred the discipline should already have deactivated. Given that, the issue is moot; agrees to close this without prejudice to the positions of the Parties. |
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(10-25-11) |
Discharges of an Appr. Telecomm. Tech and a Telecomm. Tech. for driving a Company vehicle after consuming a beer. Grievants were reinstated; placed on DML; no back pay; benefits reinstated; and discharge time not considered a break in service. |
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(10-25-11) |
A Backhoe Operator was terminated for a motor vehicle incident damaging Co. vehicle and a 3rd party vehicle. Discipline was for just cause and closed without adjustment. |
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(10-26-11) |
A WR was issued to an Apprentice Lineman for intentionally damaging a speed bump on private property while on off-duty. The Co. agreed to reduce the discipline to a C&C with the understanding that the settlement does not set precedence and is without prejudice to the positions of the parties. |
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(10-26-11) |
A DML for conduct category was issued for just cause to an Appr. Lineman for engaging in horseplay by hanging off a cross arm. |
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(10-26-11) |
An Appr. Lineman was discharge for a no-call, no-show incident. Grievant made matters worse by fabricating a lie and led his Foreman on a wild goose chase in attempt to cover his lie. The discipline was for just cause and closed without adjustment. |
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(11-07-11) |
Termination of a Troubleman for failing to follow safety policies and procedures, dishonesty, and falsification of time card. Discharge is reduced to suspension without back or benefits pay. Placed on a DML for a year; reinstated immediately, with no loss of seniority. Reinstatement is conditional upon grievant’s signing of a Last Chance/Warning notice. |
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(12-01-11) |
Concern the proper pay rate for Relief System Operators. Agreed to discuss this issue as part of broader Electric Ope. ad hoc negotiations. |
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(12-03-11) |
WR given to a Lineman for a backing accident was reduced to an OR. |
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(12-15-11) |
A GSR was discharged on work performance error which resulted in blowing gas from a regulator. Reinstated with 50% straight time back pay; benefits in tact except vacation forfeiture; will be removed from his classification and will be given the opportunity to take the IST test if required. |
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(01-06-12) |
Termination of an Equipment Mechanic for improper use of Company property (dumpster) for personal gain (discarding transmission). Was reinstated and made whole for his losses and received a DML on PD. |
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(01-19-12) |
Discharge of a Hydro Operator for being under the influence of alcohol while at work was for just cause. |
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(01-20-12) |
A DML issued to a Towerman for making offensive statements in the workplace was upheld and the active period of the DML will run through 02/26/12. |
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(01-20-12) |
A WR was issued to a Lineman for driving in a reckless manner in an area where employees park their vehicles. Given the discipline has deactivated; agrees the issue is moot and closes this grievance. |
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(02-03-12) |
A discharge of GC Lineman for work performance and safety infractions was for just cause and closes this case without adjustment. |
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(02-03-12) |
A DML issued to a GC Subforeman for various safety infractions was for just cause and closes this case without adjustment. |
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(02-10-12) |
To extend the commercial driver’s license wage increase to employees beyond the groups identified in the proposed Physical Labor Agmt. Settlement. The proposal is for the $600 CDLA premium to be converted to an hourly rate. |
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(03-01-12) |
No adjustment made on the allegation that missed meal and missed break penalties should have been paid to employees at the DCPP. |
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(03-01-12) |
Whether the work schedules established for the Electrician-Switching classification violated the Hours Clarification. Issue is moot; cased closed without prejudice to the positions of the parties. |
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(03-01-12) |
A DML was issued to a Martin Substation Electrician for running a red light. The DML has deactivated making the grievance issue moot and closed without prejudice to the positions of the parties. |
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(03-01-12) |
The WR issued to a Santa Rosa Lineman for an automotive incident was for just cause. |
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(03-01-12) |
Discharge of a Sacramento Fieldperson for falsification of his timecard and incurring unauthorized expenses was for just cause. |
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(03-29-12) |
DML issued to a GSR for refusing to respond to an Immediate Response field service order (IR call). DML will be rescinded and the grievant will be coached and counseled. |
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(04-11-12) |
A Fieldperson’s WR for a backing accident that caused minimal damage both to the overhang and to the Company vehicle was issued for just cause. |
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(04-19-12) |
A WR issued for a backing accident to an Appr. Fitter was mitigated to an OR in consideration of the grievant’s 20-year perfect safety record. |
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(05-22-12) |
Discharge of a Lineman for accessing pornographic material on a Co. computer was for just cause. |
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P-RCs 20996, 20997,020998, 20999 and 21000 (05-24-12) |
Disciplinary action issued to GC Crew members in connection with their bucket truck making contact with a 12KV line. The grievances also ask for payment for potentially missed OT opportunities while the ees. were on crisis suspension pending the outcome of the investigation. Closed without adjustment and without prejudice. |
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(05-24-12) |
Termination of an Antioch GSR for timecard falsification. Found that the time recorded by the grievant was advanced at the beginning of several callout periods. Discharge was for just cause and closes without adjustment. |
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(05-24-12) |
Termination of an SF Cable Splicer for his role in a serious safety incident (back feed from a generator which resulted in an arc flash - no injuries). Reinstated on WR; no back pay; benefits intact; must pass pre-employment drug screen; and, must complete a knowledge and skills assessment. |
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(05-24-12) |
Termination of an SF Cable Splicer for his role in a serious safety incident (back feed from a generator which resulted in an arc flash - no injuries). Reinstated on a DML; 50% back pay; benefits intact, except for 50% vac. reduction; must pass pre-employment drug screen; and, must complete a knowledge and skills assessment. |
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(05-24-12) |
Discharge of an SF Compliance Inspector for falsification of an underground enclosure inspection. Based on the conclusion that falsification did not occur, grievant reinstated on a WR for work performance; back pay; benefits intact; and must pass pre-employment drug screen. |
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(06-11-12) |
Termination of an SF Cable Crew Foreman for his role in a serious safety incident (back feed from a generator which resulted in an arc flash - no injuries). Failing to follow the proper procedures and exposed himself and his crew to potential injury or death, discharge was for just cause and closes this case without adjustment. |
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(07-19-12) |
Just cause for the discharge of a W&R Dispatcher for violations of EEO policies and inappropriate use of computer resources which contained nudity photographs and profanity and ethnic and racial slurs. |
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(07-26-12) |
DML issued to two Linemen who were part of a crew on which another crew member drove a boom truck into an energized 70KV line. Given that the DML has been deactivated, the issue is moot and agrees to close the grv. without prejudice to the position of the parties. |
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(09-18-12 |
The discharge of an Electrician from Merced due to serious grounding incident was for just cause and case close without adjustment. |
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(09-26-12) |
A San Jose’s Compliance Inspector discharge for falsifying Co. records by indicating he inspected underground enclosures which he had not inspected was for just cause. |
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(10-16-12) |
Given the Bakersfield’s Electrician active WR along with failure to report for a serious grounding incident resulted to discharge for just cause. |
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(11-20-12) |
A WR issue to an Oakland Electric Crew Foreman for failing to report to a mandatory POT assignment was issued for just cause and case closed without adjustment. |
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(11-20-12) |
Case concerns the discharge of a Fresno MEO for driving his boom truck into a 70kv overhead conductor. Grievant reinstated with no back pay; will be placed on a WR; service and benefits will be in tact except vacation forfeiture; may be required to pass a skills and knowledge assessment and must pass a DOT return to work test. |
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(11-30-12) |
Discharge was for just cause for a Gas T&D Fieldperson for falsification of timecards and mark and locate documentation. |
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(02-12-13) |
Termination of a Compliance Inspector for falsification of time records was not for just cause. Reinstated; termination converted to a WR; shall be made whole for all losses in wages and benefits, including seniority. |
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(03-07-13) |
A WR was issued to a Fresno Fieldperson for a motor vehicle incident. In accordance with LA 13-05, the discipline will be adjusted to a safety discussion without prejudice. |
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(03-27-13) |
DML and subsequent discharge of a Troubleman for safety incidents. Reinstated; DML upon return to work; demoted to Lineman; bidding rights restricted; no back pay or benefits; seniority intact; must pass drug screen and must complete knowledge and skills assessment. |
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(03-27-12) |
DML to Subforeman A for work performance that caused an outage. Given that the DML period has elapsed and is no longer active, agrees to close this grv. on the basis that it is moot. |
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(03-27-13) |
“Mitigation of Discharge” issued to a Sys. Ope. and removal from his classification for continuing work performance issues. Given grievant’s notice by letter to retire and the Company’s acceptance, Comm. agrees to close both of these grievances without adjustment. |
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(03-27-13) |
DML to Elect. Mntce. Crew Leader for speeding and failing to report the resulting speeding ticket. Grievant opted to leave the employ of the Co. making the grievance issue moot. Grievance closed without precedence and without prejudice to the positions of the parties. |
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(04-05-13) |
Discharge of an Elect. Crew Fman due to a serious safety incident on his crew. Reinstated; DML upon return to work; demoted to Lineman; ineligible to bid higher classification; no back pay or benefits except sick time; seniority intact; must pass drug screen and must complete Elect. Ope. qualifications assessment. |
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