A labor arbitrator’s award reinstating an employee who was terminated for hanging a noose in his workplace violated Washington’s public policy against discrimination where the arbitrator’s lesser discipline (only a 20-day suspension) prevented the employer from effectively discharging its state law duty of eradicating racial discrimination from the workplace. Thus, a Washington Court of Appeals panel has vacated the award. Int’l Union of Operating Eng’rs, Local 286 v. Port of Seattle, No. 65037-8 (Wash. Ct. App. Oct. 17, 2011). However, because the trial court exceeded its authority in making its own decision about the appropriate employee discipline, the Court remanded the case for further proceedings.
Home > State Law Articles > Washington > General (WA) > Washington Court Finds State Public Policy Violated by CBA Arbitration Award Reinstating Worker who Hung Noose at Work