Department of Labor Relations
Where a food service worker at a public high school had surgery on her left thumb, a union grievance over the employer’s failure to offer light-duty work to that employee must be denied, as the union has failed to show a violation of a collective bargaining agreement or the existence of a valid past practice.
“The issue before me is: Did the Leicester Public Schools violate the parties’ collective bargaining agreement by not providing light duty work to Lisa Johnson? If so, what shall be the remedy?
“For all the reasons stated below, the Leicester Public Schools did not violate the collective bargaining agreement by not providing light duty work to Lisa Johnson. The grievance is denied.
“As this is a contract interpretation case, I must decide whether the union has met its burden of showing a violation of the collective bargaining agreement. In their grievance, the Union referenced articles of the collective bargaining agreement that do not refer to light duty work for bargaining unit employees, nor is light duty work referenced anywhere in the parties’ collective bargaining agreement. As such, I find that the collective bargaining agreement does not provide for light duty work, and therefore there is no violation of the collective bargaining agreement.
“The other argument put forth by the Union is that there is a past practice of light duty work when cleared by a medical professional to do so. It argues that this past practice of light duty...
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