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Catholic Cemeteries v. RI Laborers Dist. Council4/22/2005
DECISION
Before this Court is an arbitrator's reinstatement of an employee who was terminated by his employer for making a series of threats of violence and intimidation directed at his supervisors during an unexplained eight month absence from work. Plaintiff Catholic Cemeteries has filed a Motion to Vacate the Arbitration Award reinstating grievant employee Norman Roberts to his position as foreman mechanic. Defendant Rhode Island Laborers District Council objects to Plaintiff's Motion and moves to confirm the Arbitration Award. Jurisdiction is pursuant to R.I.G.L. 1956 ยง 28-9-18.
FACTS AND TRAVEL
Catholic Cemeteries, of the Catholic Diocese of Providence (hereinafter "Plaintiff"), entered into a Collective Bargaining Agreement (hereinafter "CBA") with Rhode Island Laborers District Council on behalf of Local Union 271 (hereinafter "Defendant").
The grievant employee, Norman Roberts (hereinafter "Mr. Roberts") was hired by the Plaintiff as a mechanic on October 30, 1989. Mr. Roberts became a mechanic foreman on or about October 1999 and continued as a mechanic foreman until he voluntarily left on or about April 2, 2002.
Workers' Compensation Claims
On July 5, 2001 Mr. Roberts sustained an injury while in the employ of the Plaintiff at the "Gate of Heaven Cemetery." Mr. Roberts applied for and received workers' compensation benefits from October 17, 2001 through December 11, 2001. Mr. Roberts was released to return to work, with no restrictions, on December 11, 2001 by Dr. Arnold C. Weiss, his treating physician. Mr. Roberts was immediately reinstated to his former position with the Plaintiff.
On April 2, 2002, Mr. Roberts again claimed that he sustained a work related injury which caused incapacity from April 2, 2002 through March 26, 2003. No medical records of treatment were produced to document the alleged injury. On March 31, 2004, a claim was made to the Workers' Compensation Court regarding the alleged injury. This claim for workers' compensation benefits was denied and is on appeal.
On May 2, 2003, Mr. Roberts filed a Petition to Review/Amend with the Workers' Compensation Court seeking to establish his total incapacity resulting from right carpal tunnel surgery was related to his July 2001 injury. The Petition was granted and Mr. Roberts received workers' compensation benefits for the period beginning March 27, 2003 through April 30, 2003. Thereafter, Mr. Roberts did not seek to return to his employment with the Plaintiff until almost 8 months after the last date of incapacity under his workers' compensation claim.
On December 17, 2003, Mr. Roberts attempted to return to work at the Gate of Heaven Cemetery. He did not present a physician's certificate authorizing a return to work and, there was no pending workers' compensation claim at that time. Mr. Roberts was informed that he had been terminated from his position as a result of his prolonged, unexplained absence from work and his threats of violence in the workplace.
Theft Investigation
On March 20, 2003 Mr. Roberts voluntarily participated in an interview conducted by an audit firm retained by Plaintiff to investigate discrepancies with the inventory and equipment in the mechanics department of the Gate of Heaven Cemetery. In order to investigate and gather information, the auditors wanted to interview those who had worked in the mechanics department. Mr. Roberts was interviewed because he had knowledge regarding procedures and inventory within the repair shop having worked both as a mechanic and as a foreman for the Gate of Heaven Cemetery. During the interview, Mr. Roberts made certain threats again
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