United Food & Commercial Workers Union Local 1776 v. Excel Corp.

**Union Worker Wins Back Pay But Faces Second Firing** This case involved a union employee at Excel Corporation who was fired and then challenged the termination through arbitration. The worker won the first arbitration and was awarded back pay, which Excel Corporation paid. However, after the arbitration decision, the company fired the same employee again, citing different reasons related to the worker's conduct that occurred after the original termination. The court made a split decision. It ruled that Excel properly fulfilled its obligation from the first arbitration by paying the back pay as ordered. However, the court also determined that the company had the right to terminate the employee a second time based on separate misconduct that happened after the original firing. The court sent the case back for a second arbitration to determine whether this second termination was justified. **What this means for workers:** Even if you win an arbitration case and get your job back or receive back pay, employers may still be able to fire you again for new reasons. However, any new termination must go through the same grievance process. This case shows that winning one employment dispute doesn't provide permanent job protection, but workers still have rights to challenge each termination decision through established procedures.