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Firm News — Case Decisions Arbitration Award : Wilmington Housing Authority v. OPEIU, Local 32 In November 2009, the Wilmington Housing Authority interviewed five candidates for promotion to the position of Assistant Housing Manager. Four of the candidates were already employed by the Authority, and one worked outside the agency. In February 2010, the Authority promoted the outside candidate over the four internal candidate. The contract between the WHA and our client union, OPEIU Local 32, provided at Section 12.01 that “Whenever possible, promotions and vacant positions within the bargaining unit shall be filled from within the bargaining unit if there are qualified employees to fill such positions.” Local 32 filed a grievance alleging that at least one of the four internal candidates was qualified for the position, and that the employer’s actions violated Section 12.01. The employer admitted that at least one of the internal candidates was qualified, but alleged that it had a right to hire the “most” qualified candidate available. The employer further argued that the term “whenever possible” gave the employer the discretion to pass over qualified internal candidates over more qualified external candidates. Arbitrator Barbara Zausner rejected the employer’s arguments, and sustained the union’s grievance. She wrote that “as the union points out, the contract language is clear and unambiguous in dictating that vacancies such as the one at issue shall be filled from within the bargaining unit as long as there is a qualified internal candidate and it is otherwise ‘possible.” The Arbitrator concluded that since at least one of the internal candidates was qualified for the position, the employer had to promote that person to the job. The Arbitrator ordered that the promotion be given to one of the internal candidates, retroactive to the date of the initial appointment, with full back pay, seniority and benefits. Click here to read the decision. Posted — 06.28.2011 |
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