Buckeye Feed Mill, Inc.
Labor Arbitration
122 Lab. Arb. (BNA) 719 (2006)
- Written by Tammy Boggs, JD
Facts
Buckeye Feed Mill, Inc. (Buckeye) (defendant) produced and distributed food for animals. Buckeye had a process that allowed its union employees to purchase company products wholesale. The process required employees to place and pay for an order in an administrative office and then, at the end of an employee’s shift, drive to the warehouse to pick up the product that would be placed there by a designated employee. One day, a union employee who had worked for Buckeye for over 26 years (the employee) (plaintiff) took a 50-pound bag of dog food out of the warehouse himself and put it near the back door. At the end of the employee’s shift, he loaded the bag in his vehicle without paying for it. Following an investigation, Buckeye determined that the employee committed theft and should be discharged based on the collective-bargaining agreement (the agreement) and company policy. The policy characterized theft as a “severe offense” for which “severe and immediate” disciplinary actions would be administered. Under the policy, an employee would be suspended and investigated, and the company would meet with union representatives “to determine if employee termination” would proceed. Buckeye discharged the employee, and he filed a labor grievance through his union. Arbitration followed.
Rule of Law
Issue
Holding and Reasoning (Murphy, Arbitrator)
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