Kincare Overcharge Grievance Sustained At Arbitration

We have received more good news in the fight for ensuring our CA members are treated appropriately regarding sick leave laws, namely CA Labor Code 233, otherwise known as Kincare. This year, the Company began charging more than the contractual maximum of 8 hours per call out and attempting to use their interpretation of Kincare to diminish our contractual rights, by forcing agents to burn through the hours allotted for this additional benefit. However, Arbitrator Joshua M. Javits found this practice to be improper and sustained the grievance citing the following regarding the Company's argument,

"What the Company has offered is its own interpretation of how the California Kin Care law has required it to provide protected sick leave to its employees. However, the Arbitrator notes that this is only the Company's interpretation of how the Kin Care law is to be applied; there is no ruling from a state court/agency that definitively provides that the Company must enforce the Kin Care law in this manner."

Arbitrator Joshua M. Javits
Events September 12th, 2016
Decision August 9th, 2017
Results Sustained
Articles Cited Article 13
Stations Involved SMF (Applies to all CA stations)
Arbitration file – SMF-R-0226/17