BENTON COUNTY took the unusual step of appealing an arbitrator’s ruling in favor of the union to the Superior Court earlier this year. But the County not only lost the arbitration hearing, they also lost the appeal.

“In the last 14 years at Council 2, such an appeal has never been lodged before,” says Dave Kanigel, who represented the union in the arbitration and Superior Court hearings.

The original hearing followed the termination from employment of Norma Sanchez, a court recorder in the Benton County District Court, last year on the grounds of “insubordination.” Council 2 filed a grievance and the case went to arbitration.

After listening to the arguments on both sides, arbitrator Michael Cavanaugh ruled early this year that Sanchez should be reinstated to her position with full pay and benefits.

The county then appealed the arbitrator’s ruling to the Superior Court, calling the arbitrator’s decision “arbitrary and capricious.”
Council 2, in turn, filed a counter claim for an order to enforce the arbitrator’s award. All of the judges in Benton County recused themselves from the case because Sanchez was a court employee. As a result, Judge William Acey from nearby Asotin County presided over the hearing on October 26.

The judge ruled that the arbitration decision could not be overturned and that he would uphold the ruling in favor of the union and the grievant. He ordered that the county comply with Arbitrator Cavanaugh’s decision.