2002 NAC 151 City and County of Honolulu and United Public Workers

Title: City and County of Honolulu and United Public Workers
Date: 2002
Arbitrator: Michael Nauyokas
Citation: 2002 NAC 151

BEFORE ARBITRATOR MICHAEL F. NAUYOKAS

STATE OF HAWAII

In the Matter of the Arbitration Between

UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO,

Union,

and

CITY AND COUNTY OF HONOLULU, DEPARTMENT OF FACILITY MAINTENANCE, ROAD MAINTENANCE DIVISION, Sections 11, 46 and 58 of the Unit 1 Agreement, LS-02-04,

Public Employer.

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Grievance of Charles Guitierrez

ARBITRATION DECISION AND AWARD

The United Public Workers, hereinafter, “UPW” or “Union”, Charles Gutierrez, hereinafter “Grieving Party” and the City and County of Honolulu, Hereinafter “City” or “Employer”, selected the undersigned Arbitrator under Section 15, of the Unit 1 collective bargaining agreement to consider a grievance filed in case number LS/02/04 ON March 6, 2002, challenging the termination of Grieving Party on January 17, 2002.

Duane W. H. Pang, Deputy Corporation Counsel, represents the Employer and David M. Hagino represents the Union. The parties have entered into certain stipulations and agreed to the issuance of a decision and award upon the terms set forth herein.

Accordingly, the Arbitrator hereby enters the following decision and award:

1. The UPW and the City at all relevant times herein are parties to the Unit 1 Agreement.

2. The current Unit 1 Agreement is for the duration of July 1, 1999 to June 30, 2003.

3. The grievance filed by UPW in LS/02/04 is hereby withdrawn.

4. The Employer shall rescind the termination of Grieving Party on

January 17, 2002, and shall amend his personnel records to reflect a voluntary Resignation. The voluntary resignation shall be effective ten days after the Arbitrator signs this Award.

5. The Employer shall pay Grieving Party a lump sum in the amount of twelve thousand dollars ($12,000) and no additional benefits.

6. The Grieving Party’s status since January 17, 2002 and up to his resignation shall be considered authorized leave without pay, and Grieving Party shall be entitled to no benefits, rights or entitlement under the Unit 1 Agreement or terms of his employment including but not limited to the sick leave accruement, vacation leave accruement, priority on any re-employment list, and retirement time or benefits accruement since January 17, 2002.

7. This decision shall have no precedential value, and the parties shall be precluded from citing this decision in any future proceedings including but not limited to the following, grievance, arbitration, negotiations, civil action and Hawaii Labor Relations Board proceedings.

MICHAEL F. NAUYOKAS

Date:

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