Legal Question in Employment Law in Wisconsin

''...returned to previous position..''

An arbitrator's award in my favor included the phrase, ''...returned to his previous position with the employer...''. Does this mean returned to job classification or to duties within that job classification. Should I be getting my old job back or are they only obligated to return me to the same title and rate of pay. They do have an ''...other duties as assigned...'' clause in our job descriptions but this clause does not appear in the contract with the union.


Asked on 4/16/03, 3:30 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: ''...returned to previous position..''

Hello, to answer this question accurately really requires a reading of the decision, and more knowledge about what job is being offered compared to what you had before, and your union contract. Previous position means same job title and pay. It looks less precise on the duties. If I were in your shoes, I would find out for sure what place your employer has for you to go back to (title, pay, duties) and if you are not happy and it varies from what you had before, consult with a lawyer in more detail and then you can get the opionion you can rely on. Best Wishes, Mark J. Mahoney

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Answered on 4/17/03, 3:23 pm


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