MSEA Wins Significant Arbitration

MSEA Family, The Michigan Department of Transportation (MDOT) was found to be in violation of Articles 5 and 20 of the MSEA Collective Bargaining Agreement by failing to disclose all policies, procedures, work rules or guidelines with MSEA prior to implementation, thus negating the requirement to meet and confer on any issues. MSEA appealed the grievance to an arbitration hearing which was held on December 8th 2023. Pursuant to Articles 5 of the MSEA Collective Bargaining Agreement it states in pertinent part: "However, when the Employer intends to make any adverse changes in beneficial written employment policies or procedures, it shall, prior to implementation, notify the MSEA of such intent and, upon MSEA request, the parties shall meet in a good faith effort to address and attempt to resolve MSEA's concerns." Moreover, the CBA goes on to elaborate in Article 20: "the Employer has the unlimited right to make reasonable work rules, including, but not limited to, operational procedures and guidelines, which regulate conduct , safety, and health of employees." The Michigan Department of Transportation attempted to argue the changes being made by the Employer were not adverse to current written employment policy, and by calling the issued document a "one page cheat sheet" thus negates its requirement to meet and confer or disclose the information with MSEA. The Arbitrator opined and awarded in favor of MSEA, clearly articulating the Departments interpretation does not withstand scrutiny and the contractual language in Article 20 "including, but not limited to, operational procedures and guidelines" requires the Employer to disclose any changes in beneficial written policy , procedures, guidelines or work rules, regardless of what the Department chooses to define the written work product, and it must be disclosed 30 days prior to its implementation. If any members have concerns at their workplace or believe their Department is in violation of these provisions, please contact us at (517)394-5900 or email us at [email protected].