In the Matter of the Arbitration
of a Dispute Between
AMALGAMATED TRANSIT UNION
LOCAL DIVISION 857
CITY OF GREEN BAY
Mr. Frederick J. Mohr, Attorney at Law, appearing on behalf of the Union.
Mr. Paul F. Jadin, Personnel Manager, appearing on behalf of the City.
Amalgamated Transit Union Local Division 857, hereinafter referred to as the Union, and the City of Green Bay, hereinafter referred to as the City, are parties to a collective bargaining agreement which provides for the final and binding arbitration of disputes arising thereunder. The parties jointly requested that the Wisconsin Employment Relations Commission designate a member of its staff to act as the sole arbitrator to hear and decide a grievance over a discharge. The undersigned was so designated. A hearing was scheduled in Green Bay, Wisconsin for March 6, 1991. Prior to said hearing, a resolution of the instant grievance was agreed to by the parties, which by its terms, causes the undersinged to make and issue the following
1. The Grievant, Terry A. Schleis, shall be returned to work as a Transit Driver effective Monday, March 11, 1991.
2. The time off since Mr. Schleis' termination will be treated as a suspension without pay.
3. Mr. Schleis agrees to submit to a complete physical to be conducted by a physician designated by the City. If that physician determines that Mr. Schleis is unfit for duty, Mr. Schleis will be able to obtain a second opinion, and if the second opinion is contrary to the City's examination, the parties may submit the issue to the grievance procedure for resolution.
4. Mr. Schleis agrees to provide the Transit Director with data, including schedules, for any secondary employment. Such data shall be provided through September, 1991.
5. Mr. Schleis will be credited with 88 hours of vacation time to replace hours used during suspension.
6. The grievance filed by Mr. Schleis after his termination will be withdrawn.
Dated at Madison, Wisconsin this 8th day of March, 1991.
Lionel L. Crowley, Arbitrator