Tropical storm damage to automobiles does not entitle workers to reimbursement for repair costs, Arbitrator Stephen S. Frockt decided (Florida Power & Light Co., 121 LA 353 (Frockt, 2005)).

Four employees were compelled to work during a tropical storm that blew through Florida Power & Light Co.'s GulfStream service center. High winds that toppled trees and blew other debris across the facility damaged the workers' cars, and they sought reimbursement ranging from $200 to $450 for the insurance deductibles they had to pay out of pocket when making repairs to their vehicles.
The employer asserted that the collective bargaining agreement had no language requiring such payments, and its practice had been to reimburse workers for insurance deductibles only when vehicles sustained damage from full-fledged hurricanes. The International Brotherhood of Electrical Workers countered that the past practice also included reimbursement for vehicle damage from causes other than hurricanes.
In a May 11 decision, Frockt denied the grievance, observing that "testimony from all witnesses indicated, without question, that consistency or regularity does not exist in the payment or reimbursement for vehicle damage caused by storm." The employer "sometimes" paid when employee cars were damaged by inadvertent chemical or paint sprays from contractors working on site, and always paid for damage caused by storms classified as hurricanes. For other storms, Frockt said, "no binding past practice can even be remotely ... found to exist."

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