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LOCAL=20 30 BEATS KAISER AT ARBITRATION=E2=80=94BIG TIME. =

By TOM TOSDAL, Attorney for OPEIU = Local=20 30

= The=20 Union=E2=80=99s long running fight over pay for time spent receiving = care for work=20 related injuries is coming to a successful end. In its Collective = Bargaining=20 Agreement with Kaiser, OPEIU Local 30 had negotiated language that = preserved the=20 right of employees who had suffered on-the-job injuries to receive = medical care=20 for those injuries during working hours without loss of pay or Earned = Time=20 Off. The language of the = contract=20 encourages employees to make those appointments on personal time if=20 possible.

=20 Sometime in the mid-1990s, Kaiser began to violate this language = by=20 refusing to pay employees for time spent receiving such medical care and = crediting sick leave or Earned Time Off. =20 Worse yet, Kaiser began disciplining those employees whose sick = leave or=20 Earned Time Off banks had been exhausted for this reason.

= When=20 OPEIU Local 30 learned of these violations, grievances were filed on = behalf of=20 all affected employees. = Certain=20 employees stepped forward and helped by filing grievances and = testifying=E2=80=94Beverly Carter, Mariann Tegio = and Ann Rebaia. All members of OPEIU = Local 30 owe=20 a big thanks to these employees for their efforts.

= After=20 two days of hearing and the filing of post hearing briefs by counsel for = the=20 Union and Kaiser, the Impartial Arbitrator rendered his binding Award on = July=20 17, 1999. The Award = is in=20 favor of the Union and the employees. The Award is significant = because=20 the Arbitrator ordered that Kaiser stop violating the Collective = Bargaining=20 Agreement and ordered Kaiser to pay compensation to those employees who = were not=20 paid for time spent receiving medical care for work-related injuries = during work=20 hours. The key = parts of the=20 Award:

=EF=BF=BD =20 The employer violated the Collective Bargaining Agreement = by=20 deducting from employees=E2=80=99 sick leave or ETO accounts time spent = by employees=20 going to medical appointments after the first appointment for = work-related=20 injuries.

=EF=BF=BD =20 The employer shall cease and desist from refusing to allow = paid=20 time off for subsequent medical visits where employees suffering = work-related=20 injuries cannot receive necessary treatment on personal time.

=EF=BF=BD =20 The parties shall meet and confer and within the next 60 = calendar=20 days determine procedures and limitations under which employees may file = claims=20 for lost pay or improper reduction of sick leave and/or ETO time due to=20 violations of Paragraph 1643 resulting from work-related injuries.

=EF=BF=BD =20 Any discipline resulting from the exhaustion of sick leave = and/or=20 ETO time necessarily taken for medical treatment subsequent to = work-related=20 injuries is to be rescinded.

Under the = direction of=20 Local 30 Business Manager/Secretary-Treasurer Bill Stowe, the Union and = employer=20 are attempting to work out a process for identifying those persons who = have lost=20 pay, been credited for sick leave or ETO and/or been disciplined as a = result of=20 Kaiser=E2=80=99s violations of the contract. =20 The Union is developing a questionnaire to send to people who may = have=20 been affected to make ensure that the Award is fully enforced and all = affected=20 employees are included in the remedy. =20 If you think that you may be entitled to remedy under this award, = please write=20 a brief note to Bill Stowe, Bus. Mgr./Sec.-Treas. of Local 30, 4560 Alvarado Canyon = Road,=20 Suite 2A, San Diego, CA = 92120.=20