November 25, 2012
Week 8 Final Paper
Our final assignment was to create three fictional scenarios in which the employer would have to deal with the three fictional situations. The three scenarios that I picked were substance abuse, poor behavior on the job, and sexual harassment. With each of these scenarios also give the type of employer, the history of the worker at that company, the incident which arose, why it was a clear violation of employer policy, and what would be the likely result of arbitration of this issue if the employee acknowledged his wrong doing but asked to keep his job. Explain the reasoning for our considered outcome.
When an employer has to discipline a unionized employee there are four steps to the grievance (infraction) procedure. In the first step the employee is given the grievance in an informal oral manner so a quick resolution can be made, and before a written record is established. The second step in the grievance procedure is to present the grievance to the industrial relations representative or (IR). The IR representative is familiar with the union’s contract and decides on a disciplinary action or if the grievance involves an employee discharge then the union will take it to step three. In step three the employee has union representation and the grievance is most likely settled at this step, if an agreement cannot be made then step four is the last chance to resolve the grievance or it goes to arbitration. Arbitration is a quasi-judicial process in which parties agree to submit unresolved disputes to a neutral third party for binding settlement. [ (Labor Relations, 10th Edition, 2009) ] (pg.490). When an employee repeatedly breaks the rules and has been disciplined the union, employer, and employee write up a last chance agreement (LCA). This is an agreement drawn up by all parties stating that if the employee has another grievance violation within a certain...