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The week-long deliberations in the arbitration proceedings on the requested reinstatement of a dining hall employee ended yesterday, with neither University lawyers nor food service union officials predicting the eventual outcome. The arbitrator will hand down a decision by early May.
Representatives of Local 26--the hotel, restaurant, institutional employees, and bartenders union, concluded their presentation in favor of Valdemar Arruda, a University cook fired last year after he was convicted of arson--arguing that the 11-year employee had met the necessary conditions to be reinstated.
In arbitration last spring, the arbitrator ruled that the University should rehire Arruda, an alcoholic, if he attended Alcoholics Anonymous (AA) for six months and brought back attendance slips. Arruda, however, never gave food service officials these slips.
But Dominic M. Bozzotto, President of Local 26, said that no one ever told AA officials to give these slips to Arruda, who speaks very little English. "We had witnesses who verified at the arbitration meeting that Mr. Arruda completed the course and did so with flying colors," Bozzotto added.
Under instructions from the arbitrator, lawyers for both Arruda and the University said yesterday they will not comment on the came until a decision is released. Marie Kenney, business agent for Local 26 said that counsels for each side will file briefs with David Grodsky, the arbitrator who heard the earlier came, by April 5. Grodsky should reach his decision within 30 days after that.
Bozzotto said he was pleased with yesterday's meetings, adding that he heard "even though Mr. Arruda was intensely cross examined by University lawyers, he held up very well."
Speaking of the Arruda case, the union's first grievance against Harvard. Bozzotto said. "I think it's important to tell officials at Harvard University that we're willing to go to arbitration, not only over tangible issues like back wages, but also over issues of principle like this."
During Bozzotto's year in office, Local 26 has won 19 arbitration cases and lost one.
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