Question

Appendix B provides a scenario in which an employee has been dismissed. You have been assigned...

Appendix B provides a scenario in which an employee has been dismissed. You have been assigned the roles of unionstewards, employer representatives, and arbitrators. You are expected to document what you will need to do in these roles as per questions below and what you have researched.  You will state what your role will be and what you will say in thegrievance meetings as the employer and the union representatives. You will need to follow up with letters summarizing what possibly would happen at each meeting, for example how the other side would respond. As an arbitrator what and how would you conduct the arbitration hearing, what you considered in your decision. You will be roleplaying as an arbitrator. This scenario will allow you to work with several concepts including the following:

  • termination by an employer
  • union representation of an employee
  • preparation of a grievance
  • employer response to grievance
  • an arbitration hearing
  • arbitral review of the penalty imposed by an employer
  1. Assume that you are the HR manager responsible for this file. Prepare a notice of termination that would be provided toBradford at the meeting.
  2. Assume that you are the HR Manager, Chuck Lowenstein. What steps should be taken in the investigation of the incident involving Bradford and what additional actions should management have taken in preparing for a meeting between company representatives and Mr. Bradford.
  3. Assume that you are the Local 317 chief steward, Jeff Dalaney, who has just received notice that Bradford has been terminated. Outline how you would proceed in light of management’s disciplinary action against Bradford.
  4. What arguments would representatives from both the Northern Timber and Timber Workers Union make at the rights arbitration hearing?
  5. Assume that you are the arbitrator in this situation. Outline your decision, providing reasons.

Your report should include as per your role:

  1. Grievances Reports, responses by each party
  2. What you would discuss in the meeting per the role you are playing, and what you believe the other side would say.
  3. Any follow up letters to the meetings
  4. Results of investigation
  5. Discipline/termination letter
  6. Arbitration reports or letters
  7. Any arguments each role would have.
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Answer #1

As company is having the 'zero tolerance' policy. As its whole detail was mentioned in your agreement which you have signed before joining with us. As you where the good employee of our company but as per the rules we have to terminate you from the job, hope you will good in future.

Thanks and Regards

H.R Manager

Answer 2

The Steps which I will Follow While investigation are:-

  • Understand the situation and closely monitor the situation.
  • Listen to the Bradford explanation.
  • Highly consider the report of health and safety Report.
  • Communicate with the health and safety officer and take a brief detail of report.
  • Then take an corrective action according the rules and regulation or the company.

Process which is to be followed:

  • Selection of Panel
  • Scheduling the Date of hearing
  • Preparing of trial period
  • Final hearing

Answer 3

I will follow the same which is followed by the Jeff Delaney. As Bradford was caught by the security guard with proves. So its better to solve the situation with grievance arbitration as it was beneficial for both the company and for the Bradford because he disobey the rules of the company and have a lesson for the other employees to.

Answer 4

From the both side argument which will make a right arbitration hearing would be that both side should consider the situation and the employee future and should take the right decision.

  • Presenting of Right Evidence
  • Listing to the both Side

Answer 5

If I was the arbitrator the I will go in favour of the company because Bradford done wrong thing and try to make Bradford to understand that he done a wrong thing but considering his work with the company I will request to the company to pay his dues and not to take any strict action.

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