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Kroger Limited Partnership

122 Lab. Arb. (BNA) 413 (2006)

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Kroger Limited Partnership

Labor Arbitration
122 Lab. Arb. (BNA) 413 (2006)

  • Written by Tammy Boggs, JD

Facts

Kroger (defendant) operated retail grocery stores. A union employee of a specified store (the employee) (plaintiff) had worked for Kroger for almost five years when she committed an act that resulted in her discharge. The employee worked a graveyard shift, stocking groceries. She had numerous warnings in her disciplinary record for various issues, including failing to follow instructions. One night of work, the employee selected a food item from the frozen-food aisle, heated it up, and consumed it during her break without paying for it during her shift. The employee admitted she did not pay for the food item but claimed she intended to pay for it when her shift ended. Following an investigation, Kroger determined that the employee committed an act of dishonesty and was subject to discharge based on the collective-bargaining agreement (the agreement) and company policy. Kroger’s policy, which was echoed in the agreement, was that employee dishonesty of any kind would “not be tolerated and shall be cause for discharge, regardless of amount or length of service.” Dishonesty included an act of removing company property without a sales receipt or written authorization from management. Kroger discharged the employee, and she filed a labor grievance through her union. Arbitration followed.

Rule of Law

Issue

Holding and Reasoning (Nicholas, Arbitrator)

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