Dec 08, 2014

Local 89 has won a major arbitration victory at Transervice (Kroger Warehouse) regarding seniority and “emergency runs” for drivers.  The company was found to have violated the seniority-based process of selection for bid runs resulting from an alleged “emergency”.  

In question was the very definition of “emergency”.  As practiced in the past, and as Local 89 argued, the term related to a circumstance usually brought upon by a weather event.  The company, on the other hand, used the term very loosely applying it to poor planning, attendance issues and inefficient subcontractors. 

In its loose application of the term, management denied drivers a scheduled bid run and instead forced them into a “first in; first out” schedule.   As a result, numerous grievances were filed by members at Transervice. The Arbitrator concluded that Transervice must comply with the express seniority provisions of the collective bargaining agreement. 

This victory would not have been possible without President Zuckerman and the Executive Board, Local 89 General Counsel Robert Colone, agents Ken Lauersdorf and Rick Curtis, and Transervice stewards and members.