Question

Marwan has worked at Studio Five Theme Park as a character actor portraying a swash-buckling pirate. He does not have an employment contract. He loves his job because of his seniority with the company and all the attention he receives from the guests in the park. Unknown to anyone, his prosthetic leg has no noticeable impact on Marwan's success in this position. Marwan has become an accomplished flirt with all this attention, and now goes to the extent of placing his hands on the female guests' behinds when posing for pictures. The women he has encountered so far have not complained, didn't seem to mind, or they were taken by such surprise they were not sure how to respond. One day, Marwan grabbed the breast of one of his fellow female actors who had been recently hired. When she threatened to report him, Marwan told her that he could get her fired if she did not go on a date with him. The fellow employee reported the incident anyway and Marwan was terminated immediately. Marwan contends that he was terminated as a result of physical disability If Marwan was a member of a union that had a collective bargaining agreement with Studio Five, would that change any of your previous answers? If so, why?

Answer 1

Not really because in a collective bargaining agreement which is an agreement between union(which represents employees) and employer and when an employee is terminated without any cause then union's representative on behalf of that talk and negotiate with the employer for the termination and asks for the reason and if their is not any just reason for termination than that employee is to be taken back in an employment since collective bargaining agreement is a binding agreement between union and the employer which includes wages/salaries, overtime, working conditions, rights of the employee, dispute mechanism and relation among employees, duties of employees and duties of employers, etc.

So if a valid reason for any termination due to any of the dispute above or dispute in question which is complained of an employee against the other one regarding groping/grabbing the breast of female co-worker then it is a valid reason to terminate and i won't change my answer in anyway since collective bargaining agreement generally includes these things and also gives details about how to go about that, i.e. dispute mechanism.