Grievant was removed for theft of a $10 Target gift card from the mail.  Evidence disclosed that she was on leave from December 24 through January 4 - therefore, was not at work on December 3 when the OIG agent placed the gift card in the collection box.  Although she did not take the card from the mail (as assumed), she in fact took it from a table of loose items as she had a “fetish” for gift cards and four months later was with her husband when he used it at Target.

            The Union raised numerous due process arguments that challenged “just cause” in that grievant did not receive a pre-disciplinary interview and her 29 years of discipline-free, exemplary work performance which included a cash achievement award was not taken into consideration.

            The arbitrator returned her to duty without back pay due to the due process violation of failure to conduct a proper pre-disciplinary interview.

10307238 (Ft Dodge IA).PDF