Late last week, Local 727 received a significant arbitration victory vindicating a 32 year employee of Brookfield Zoo Chicago who had been unjustly disciplined by management. In a sweeping decision, the Arbitrator sustained the Union’s grievance, ruling that the Zoo lacked just cause to issue the disciplinary write up and ordered that it be removed entirely from the employee’s record. As the loser of the arbitration, the Zoo was also ordered to pay all of the arbitrator’s fees.
“While I am not surprised by this decision, what this bargaining unit should also know is that the Union offered resolution of this arbitration several times prior to hearing. Rather than do the right thing and finding a middle ground, the Zoo chose to spend resources arbitrating a clear loser. The Union estimates that the Zoo has spent close to $100,000.00 total in fees, outside counsel costs, and backpay trying to justify its bad disciplinary decision for this one employee. One thing continues to be clear – Management cannot be trusted and we aren’t going to let the Zoo continue to cry poor to the unit while frivolously spending like this,” said John Coli, Jr., Secretary-Treasurer of Teamsters Local 727.
Details on the Decision
This ruling is a powerful reminder of why just cause protections in a collective bargaining agreement matter – and what happens when management chooses to lie and ignore provisions of the CBA.
After two full days of hearing and careful consideration of the record, the Arbitrator concluded that Zoo management failed to meet its burden of proof. In fact, the decision goes much further. In a 70 page opinion, the Arbitrator sharply criticized management witnesses for providing testimony that was unsupported, unreliable, and in some cases fabricated.
The Zoo’s main witnesses included: John Martinez (Director of Exhibits for the Zoo), Melissa Lewkowich (VP of Risk and Facilities Management), and former Zoo employee Linda Wolff (Director of People of Culture). John Martinez alleged that the grievant directed an obscene gesture at him. However, the Arbitrator found this claim to be entirely unsupported by any credible evidence, including video footage that showed no such conduct whatsoever. Based on the evidence presented at hearing, the Arbitrator ultimately found Martinez’s allegation not believable.
Melissa Lewkowich’s testimony fared no better. The Arbitrator found that she failed to ask even the most basic follow up questions, including clarifying the date of the alleged incident. More troubling, Lewkowich admitted she had taken notes during the disciplinary meeting but failed to provide those notes to the Union, even after they were formally requested. The Arbitrator admonished the Zoo for this failure, underscoring management’s disregard for transparency and due process.
Linda Wolff, who was responsible for the investigation, was likewise criticized. The Arbitrator found that the employer’s investigation, which she led with Lewkowich, was “less than thorough and complete regarding material evidentiary matters.” This failure alone undermined management’s entire case.
Beyond credibility issues, the Arbitrator found that the Zoo departed from its own established practices in handling the discipline and that the grievant was denied a full and meaningful opportunity to respond to the allegations. That failure strikes at the heart of just cause discipline.
As the Arbitrator made clear, due process under a collective bargaining agreement is not optional. When an employer withholds evidence, conducts a half hearted investigation, and rushes to discipline, it violates both the letter and the spirit of the CBA.
“This decision sends a clear and unmistakable message: management cannot fabricate allegations, withhold evidence, or shortcut investigations and expect to get away with it. Local 727 will continue to hold the Zoo – and every employer – accountable to the truth and standards they agreed to at the bargaining table. Just cause is not a suggestion. It is a hard fought, enforceable right, and this arbitration decision proves that when the Union stands firm, the truth prevails,” said John Coli, Jr,. Secretary-Treasurer of Teamsters Local 727.
Nothing in this article should be read as the union’s waiver of any legal argument, position or grievance(s), or as a waiver of any rights, arguments, or defenses under any contract, collective bargaining agreement, or applicable law. The union does not forfeit its right to make any and all supplemental arguments.