Site Map Icon
RSS Feed icon
AFGE Local 2139
Affiliated with the National Council of Field Labor Locals and AFL-CIO
April 20, 2014
Arbitrator's Decision in Mine Safety Inspector's Case
Updated On: Jun 10, 2013

The attached arbitrator's decision came about as the result of a
grievance filed at the MSHA Metal Non-Metal Field Office in Mesa,
Arizona by AFGE Local 3416 union steward Larry Nelson. Brother Nelson
filed the grievance because he had applied for Accident Investigator
(AI) and Special Investigator (SI) training a total of eight times.
When he asked the District Manager what he needed to do to improve his
chances, the District Manager did not say but rather asked him what he
thought he needed to do. I was the NCFLL representative at this
arbitration hearing in Mesa on February 20.

The arbitrator found that management has the obligation to answer an
employee's question. I believe this decision has wide application, not
only to the AI/SI matter, but to performance issues. Article 43 is
already clear that management must answer an employee's questions, such
as "How can I meet or exceed this standard?" Management must give a
clear answer instead of, "What do you think you need to do?" The
arbitrator alluded to the requirement of Article 43, Section 4 in his
decision.

The arbitrator also analyzed the behavior of the two supervisors in
Mesa. It is an interesting read.

Thanks to Larry Nelson for allowing the NCFLL to share this decision.

Please let me know if you have any questions or comments about this
arbitrator's decision. Have a good weekend.

Jeff Darby
President, AFGE Local 2139
Vice President, National Council of Field Labor Locals, AFGE, AFL-CIO
Vice President, Texas AFL-CIO First Vice President, Sabine Area CLC,
AFL-CIO
350 Magnolia, Room 160-C
Beaumont, TX 77701
Office: (409) 839-2484
Fax: (409) 839-2485
Cell: (409) 719-8223
darby.jeffrey@dol.gov
www.afge2139.org 


Download:
mine safety award.docx

Member Login
Username:

Password:


Not registered yet?
Click Here to sign-up

Forgot Your Login?
<< April 2014 >>
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
Site Search
Site Map
RSS Feeds
Important Links
AFGE
NCFLL
National AFL-CIO
DOL Labornet
Federal News Radio
Google

Action Center
Attention Members
We are now making available useful forms in the Downloads area.
"I missed the meeting!!"
Don’t worry - You can now find out what was discussed and stay informed by checking the Meeting Minutes.
Google
Weather Report
AFGE 2139
Copyright © 2014, All Rights Reserved.
Powered By UnionActive™

10045 hits since Dec 05, 2009
Visit Unions-America.com!

Top of Page image