In 2008 the parties recognized that the Industry Arbitrators were not qualified to decide discrimination and harassment cases under Section 13.2 of the PCLCD and agreed to change the contract as follows:
Page 12, item VII A, of the July 1, 2008 Memorandum of Understanding states:
Section 13.2 Addendum shall be amended as follows:
“A panel of neutral professional labor arbitrators shall hear all Section 13.2 cases. Appeals shall continue to be filed with the Coast Appeals Officer. The use of professional arbitrators shall be subject to review and continuation upon JCLRC agreement annually.”
For unexplained reasons, the agreed to changes in the Section 13.2 discrimination procedure did not make it into the published contract document and to-date the parties have failed to implement the agreed to language.
It is time to do what was agreed to in 2008.
it is time to fire “Judge Roy Bean Miller” and the rest of the unqualified Industry Arbitrators, and fix the Section 13 discrimination grievance procedure.