UFCW 770 v. Rite Aid (Sandoval)

Jonathan Allan Klein

Case Conclusion Date: December 7, 2011

Practice Area: Employment / Labor

Outcome: Termination Grievance Denied

Description: UFCW 770, on behalf of terminated employee, challenged employer's termination decision based on presence of employee on Federal Office of Inspector General Exclusion List. The OIG exclusion list prohibits precludes excluded persons from participating in Medicare and Medi-Cal programs, and employee was convicted of Social Security-related fraud, thus placing her on exclusion list. Arbitrator overruled Union grievance, holding the employer properly terminated employee once it discovered she was on the exclusion list.