The Law Office of Eric L. Pines, PLLC successfully litigated a Title 38 Veterans Administration Nurse Technologist’s grievance arbitration at the Houston VA. Attorney Eric Pines successfully handled the seven-day arbitration for a complete win.
The employee was suspended for seven days and taken off her weekend shift for taking a video of her co-worker who was allegedly sleeping on duty. The VA subsequently used this video to suspend the allegedly sleeping employee. In addition to the suspension, the VA removed the grievant from her weekend shift, which caused her to lose substantial shift differential pay. Arbitrator Sean Rogers held that the agency could not reap the benefits of the grievant’s video and punish her. He ruled entirely for AFGE 1633 and the grievant ordering the agency to remove the suspension in its entirety and ordering the agency to place the grievant back on her weekend shift with full back pay and interest totaling over $10,000. Attorney fees were awarded to the grievant and union as well.