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Local 3

Arbitration Report

Local 3 vs. Sheraton Boston Hotel

Unjust Termination

Arbitrator: Robert M. O'Brien

The Grievant is an eighteen-year member of Local 3, working in the Engineering Department of the Sheraton Boston. On September 4, 2003 the grievant was working the Midnight to 8:00 a.m. shift as general maintenance engineer.

At 2:20 A.M. two Hotel security guards observed the grievant sitting in the engineering office, and assumed he was sleeping. The intrepid guards then snuck up on the individual and drew their weapons (a camera) and took a photograph of him. They then called their supervisor and informed him that they had caught the grievant sleeping. The supervisor proceeded to the engineering office and informed the grievant that his guards caught him sleeping. The grievant informed the supervisor that he was not sleeping, but was in the office waiting to respond to any guest calls since his assigned work was completed.

On September 8, 2003 the grievant was called to the Hotel's Human Resource Office where he was then terminated for “theft of company time”.

Union Steward Charlie Broggi, a Local 3 member with over 25 years of service immediately filed a grievance on behalf of the grievant contending he was “terminated without just cause” and demanded that he be reinstated with full back pay and benefits.  

The Union appealed the grievance to arbitration and a hearing was held before Arbitrator O'Brien on May 18, 2004. Business Agent Michael Byrnes represented The Union at the hearing.

After hearing testimony and reviewing evidence presented by both sides Arbitrator O'Brien determined that “The Employer has not sustained its burden of establishing by substantial evidence that Antonio Semedo had committed a theft of 52 minutes of the Hotel's time on September 4, 2003. Accordingly, there was no just cause for his termination. The grievant must be reinstated to his position as a general maintenance engineer and be made whole for all lost wages and benefits”.

The grievant has since returned to work at the Hotel and has continued to be a productive employee and an active member of Local 3. Charlie Broggi continues to serve as Shop Steward. As such he continues to fight for the rights of the over 30 Local 3 members of the Engineering Department of The Sheraton Boston Hotel.