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PHYSICAL AGREEMENT |
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TITLE 102 - GRIEVANCE PROCEDURE |
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Section 102.2 |
Grievance Subjects |
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Document # |
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Date |
Description |
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(4‑21‑59) |
Denial of grievance filed one year after alleged improper application of starting rate. See 603.2. |
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(1‑23‑61) |
Denial of consideration of grievance filed 31 days after layoff. |
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RC 197 (1-23-61) |
Under some circumstances, Union is able to grieve a probationary employee's discharge, if the discharge is based on a violation of a Company rule, practice or policy. See 106.5 and Clerical 9.2. |
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(1‑16‑62) |
Determination of period for which retroactive pay granted and relationship to date grievance filed, on continuing type grievance. See Clerical 9.3. |
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(8‑7‑62) |
Grievances not considered filed within time limits unless filed in written form within specified time. See Clerical 9.3. |
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(9‑14‑64) |
Under the facts presented in this case, a probationary employee may not grieve a discharge under Title 9.2 of the Clerical Contract. See 106, 106.5, and Clerical 9.2. |
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(2‑3‑67) |
Firing of Probationers. See Clerical 9.2. |
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(11‑21‑73) |
Probationary employee discharged who was convicted of felony, fraud in obtaining aid for child. The grievance was subject to the grievance procedure. |
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(6‑18‑74) |
Time limits not met so case not accepted, however, work in question within job definition of both Communication Technician and Gas Control Technician. See 601.5. |
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(7‑31‑75) |
The fact that bargaining unit employees do not receive their checks in envelopes is not a violation of the contract. |
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(6‑16‑76) |
Claim that ARB 34 (7.1) not being uniformly enforced is not proper subject for grievance procedure. |
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(2‑14‑79) |
Discharge of casual GC employee not grievable. See 106.5. |
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P RC 570 (9‑24‑80) |
No violation of agreement occurred when Company refused to provide parking stalls for Gas Operators in Oakland. Effort will be made to provide space if and when it becomes available. [Settled thru JGC – no copy available] |
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(1‑29‑81) |
Contract not violated when employee's vehicle was damaged in parking area at Geysers, designated for GC employee parking, but belonging to another Company. Safety of area was questioned. |
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(2‑18‑82) |
Although a probationary employee, letter of termination referred to absences and latest tardiness, a Company policy, so grievant's termination was subject to grievance procedure. See 7.1 and 106.5. Good discussion of ARB 15 (this section). |
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(6‑21‑85) |
Case of probationary Painter's Helper, discharged for unsuitability for work, settled without adjustment because it was untimely filed. Line Department believed grievant had acrophobia and could not work in elevated locations. Belief was later medically disproved. See 102.3. |
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(7‑7‑86) |
In very limited cases, such as Union's being unable to determine who affected employees are, or Union's being denied information, grievance may be filed for "all affected employees." |
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(6‑16‑87) |
In case concerning grievance over Company's failure to process earlier grievance, LIC will investigate alleged safety violation and alleged harassment of grievant using added information provided by Union. Guidelines from P RC 1059, this section, will be followed. See 3.4 and 105.1. |
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(8‑28‑87) |
Issue of grievability of discharge made moot by rehiring grievant as GC Gas Construction Helper in case of probationary GC Groundman discharged after failing 3‑day climbing school and ACT. See 1.2 and 7.1. |
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(8‑28‑87) |
Based on ARB 15 and 15A (this section), discharge of probationary GC Groundman for unsuitability is not a proper subject for grievance procedure. |
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(1‑26‑88) |
Question of date from which LTD entitlement would be measured is not subject to Title 102, but belongs with Employee Benefits Administrative Committee. See Benefit Agreement. |
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(8‑18‑88) |
Denial of restaurant privileges is proper subject or grievance procedure. LIC will decide if timely grievance was filed regarding the disciplinary letter received regarding the denial. |
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(9‑7‑88) |
Denying grievants the opportunity to take Company trucks home, while allowing others to do so is a proper subject for grievance procedure and is referred to LIC for information regarding Troublemen and their trucks in S.F. Division and for resolution. |
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(11-30-89) |
GC bargaining unit ees upgraded to non-b.u. classifications were not subject to contract provisions such as meals, overtime or per diem, but appropriate Union dues be withheld. See also 2.1 and Clerical 9.2. |
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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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(06-27-91) |
Company brought back grievant from LTD on trial basis to new classification, guaranteeing position was his if performance was satisfactory, later dismissing grievant for alleged un-satisfactory performance. Because letter returning grievant promised job if performance was satisfactory, grievant should have right to set record straight as to inaccuracies concerning job performance. Therefore proper subject matter for grievance procedure. |
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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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(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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(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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(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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(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) |
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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(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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(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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(9-18-95) |
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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(ARB. 216) (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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(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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(6-20-96) |
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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(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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(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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(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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(6-23-98) |
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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(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†|