Service

Aramark Facility v. Service

Good Law
United States Court of Appeals for the Ninth CircuitJune 16, 200806-56662California6,966 words

Opinion

Opinion

I. INTRODUCTION

This case arose from the response by Aramark Facility Ser- vices (“Aramark”) to a “no-match letter” from the Social Security Administration (“SSA”), which indicated that Ara- ARAMARK FACILITY SERVS v. SERVICE EMPLOYEES INT’L 6917 mark had reported information for 48 of its employees at the Staples Center in downtown Los Angeles that did not match the SSA’s database. Suspecting immigration violations, Ara- mark told the listed employees they had three days to correct the mismatches by proving they had begun the process of applying for a new social security card. Seven to ten days later, Aramark fired the 33 employees who did not timely comply.

Local 1877 of the Service Employees International Union (“SEIU”) filed a grievance on behalf of the fired workers, contending the terminations were without just cause and thus in breach of the collective bargaining agreement (“CBA”) between Aramark and SEIU. An arbitrator ruled for SEIU and awarded the fired workers back-pay and reinstatement, find- ing there was no convincing information that any of the fired workers were undocumented. The district court vacated the award on the ground that it violated public policy. SEIU…

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