‘Disappointing’ decision in CAS dismissal arbitration

After four months of testimony in a California Associate Staff Association (CAS) arbitration over dismissal of an employee, the arbitrator upheld management’s dismissal of a 17-year employee with prior good evaluations.

“I’ve done arbitrations for 34 years and not seen anything like this. It seems the arbitrator had decided on the ruling early on and discounted anything presented at the arbitration,” said NSO Vice President of Defense Mike Boyer.

The issues presented go back to November 2014 when the employee began filing grievances claiming harassment, discrimination based on the employee’s union activities, and retaliation by the supervisor. The last grievance was filed in March 2015 after the dismissal.

Boyer pointed out that the case seems to be part of a trend where management conducts investigations into employees’ behavior and then—without solid evidence—accuses them of misconduct or dishonesty.

Boyer said, “This is such a disappointing decision, not only for the employee, but also for CAS. I know how hard it is to put your heart into something for months and months and then to have this kind of result.”

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