On behalf of our client, and Laura Clark successfully defeated a challenge to Rite Aid’s termination of a 29-year retail clerk who was cited following her sale of beer to an Alcohol Beverage Control decoy. In arbitration before Frederic R. Horowitz, UFCW 770 argued that the clerk’s 29-year history, without discipline, should have precluded termination.
However, the arbitrator disagreed, based on (i) the undisputed sale of alcohol to a minor; (ii) the employee’s admission that she did not request identification because she thought the purchaser “looked” over 30; and (iii) the retailer had taken extensive measures to communicate the seriousness of the policy to its employees. Indeed, the retailer here changed their cash registers to require entry of a birthdate into the system, and had twice yearly electronic training sessions where employees were warned that even one instance of sale of alcohol to a minor would lead to immediate termination. Read the Arbitrator’s Opinion.