Labor & Employment Law Daily Wrap Up, LABOR—ARBITRATION—Suspension upheld, demotion reversed due to unblemished record and mitigating circumstances, (Feb 5, 2025)

By WK Editorial Staff

A heavy equipment operator, who was also a union steward, reportedly made statements such as “snitches get stitches” to another employee, who perceived them as threats.

An arbitrator sustained in part and denied in part a grievance filed on behalf of a heavy equipment operator, employed by the City of Duluth, who was issued a 15-day suspension and demotion following allegations of threatening language and workplace misconduct. The arbitrator upheld the suspension but reversed the demotion, citing the grievant’s 10-year record of satisfactory service, the absence of prior disciplinary issues, and the context of the incident (AFSCME Minnesota Council 5 and City of Duluth, Minnesota (Kundrat, Arb. Aug. 31, 2024)).

The incident occurred on August 31, 2023, after a workplace altercation between two employees. The equipment operator, serving as a union steward, approached another employee and reportedly made statements such as “you can’t put the gunpowder back in the bullet once it’s fired” and “snitches get stitches.” The employee perceived the remarks as a threat, prompting a complaint to the supervisor. Witnesses corroborated the employee’s account, although the equipment operator denied using the phrase “snitches get stitches” and insisted his comments were metaphorical and intended to de-escalate tensions.

The City argued that the equipment operator’s statements violated multiple workplace policies, including its violence and harassment policy, respectful workplace policy, and employee conduct standards. It justified the suspension and demotion as necessary measures to maintain a safe and respectful environment.

The union contended that the equipment operator’s statements were misinterpreted and fell within the scope of his protected role as a union steward. It alleged that the investigation was flawed, failing to include testimony from a key witness, and that personal animosity between the grievant and a supervisor influenced the outcome. The union also highlighted the equipment operator’s unblemished service record and the absence of previous incidents.

Demotion unwarranted. The arbitrator found that the city had just cause for the suspension, as the equipment operator’s comments could reasonably be perceived as threatening in the charged workplace environment. However, the arbitrator determined that the demotion was unwarranted, considering the equipment operator’s decade-long satisfactory service record and lack of prior misconduct. The arbitrator emphasized that while his conduct required disciplinary action, it did not justify the severity of a demotion. Thus, the grievance was sustained in part and denied in part, with the arbitrator affirming the suspension but rescinding the demotion.

Attorneys: Robb P. Enslin and Paige Orcutt for the City of Duluth. Ken Loefler-Kemp for AFSCME Minnesota Council 5.

Companies: City of Duluth; AFSCME Minnesota Council 5

Cases: Labor Arbitration ContractClaims PublicEmployees