Safeway Stores, Inc. v. Brotherhood of Teamsters

Brotherhood of Teamsters and Auto Truck Drivers Local 70 of Alameda County appeals from a judgment vacating an award of a labor arbitrator.

Claudell Roberts, who was employed by respondent Safeway Stores, Inc., as a driver, failed to complete certain work assigned to him. Safeway suspended Roberts pending an investigation, and appellant union immediately asserted a grievance in behalf of Roberts concerning the suspension. After investigation Safeway nevertheless announced that Roberts would be given a disciplinary suspension of 60 days. Imposition of the suspension was withheld pending further discussions; such discussions resulted in a reduction of the disciplinary suspension to 15 working days.

Safeway accordingly notified Roberts that he was to return to work. The letter of notification was mailed on a Friday and Roberts did not receive it until late Monday morning, May 17, several hours after the start of his shift at 7:30 a.m. Upon receiving the letter, Roberts called the warehouse, and was directed to report to work the following morning, Tuesday, May 18.

Roberts did not, however, appear at work on Tuesday; instead, he called the shop steward in the afternoon and…