QUESTIONS TO BE ANSWERED. MUST BE 3-5 PAGES IN APA
FORMAT
1. As the HR professional at Barrera Recycling Company:
1. Prepare for arbitration (see page 324). Do a written review of the arguments, prepare
questions for witnesses, and describe anticipatory evidentiary issues.
2. Present a well-articulated case supporting management’s assertion that ErinMcNamara
was dismissed for just cause. (Before answering this question, please review the section
on Employee Discipline and the Seven Tests of Just Cause.pp.325-327)
1. As the chief steward for Local 37:
1. Prepare for arbitration (see page 324). Do a written review arguments, prepare questions
for witnesses, and describe anticipatory evidentiary issues.
2. Present your case substantiating your allegation that the dismissal violated the collective
bargaining agreement.
1. In the role of arbitrator, describe the alternative ruling available to you. How would you rule? Write and explanation
supporting your decision.
POSSIBLE SOLUTIONS TO ASSIST – DO NOT COPY PER VATUM,
PLEASE RE-WORD
Box 10.13: Safety and Gloves Discharge, With Just Cause?
Teaching Notes
The Issue
The union claims that the company violated the collective bargaining agreement by
dismissing Erin McNamara without just cause. The company claims that Erin McNamara
was dismissed for just cause. So the issue is clear: was Erin McNamara dismissed with
just cause?
Discussion
Company Position
The company argues that there certainly was just cause to discharge Erin McNamara.
First, McNamara was observed sorting material without safety gloves. The collective
bargaining agreement (Article XX) provides for immediate discharge for “refusal to
comply with plant rules” so management has the right to discharge McNamara on this
basis alone. Moreover, McNamara had seven verbal warnings and a three-day suspension
in the previous 12 months. The (unchallenged) suspension contained the warning that
immediate discharge will result from any violations of Barrera rules. Failing to wear
safety gloves violated company rules and is therefore a basis for dismissal.
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