Non-disciplinary termination, a zipper clause and the covenant of good faith and fair dealing

An award by Arbitrator David Stiteler addresses these topics and upholds a grievance filed on behalf of an employee of the Washington Department of Social and Health Services who was separated from service because of a pre-employment criminal conviction. Washington Federation of State Employees and Washington Department of Social and Health Services.The facts presented to Arbitrator Stiteler were largely undisputed. Grievant was hired and thereafter promoted into several positions despite his having a criminal conviction which, under Agency policies, should have disqualified him from employment. There was no claim that the managers were unaware of the conviction when they took action. In 2016 (after grievant had been employed for at least eight years) an audit of the Agency's background check files noted several employees with apparently disqualifying convictions. The Agency was advised to reevaluate the background checks of several employees, including the grievant.…

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