Thursday, February 27, 2020

Arbitration Case-Decision and Analysis Essay Example | Topics and Well Written Essays - 750 words

Arbitration Case-Decision and Analysis - Essay Example The company contended that Rose Ross failure to wear one of her steel gloves while continuing to operate the saw constituted gross safety violation punishable by discharge. According to Article 1 – Management Rights of the Contract Provisions, management has the right to discharge for just cause. The Company also has the right to determine work processes and procedures and enact plant rules and regulations which are not in conflict with the legal rights of its employees. The arbitrator therefore accepts the company’s position that Ross committed a gross safety violation punishable by discharge as this has been communicated to employees under Work Rules, wherein disregard of safety rules that endanger the safety of the employee or other employees is considered serious enough to warrant major disciplinary action, including discharge. Ross’ admission that she was not wearing the left-hand glove while operating the saw, as well as her admission that she was aware of the requirement, since she had already been previously warned about it on two previous occasions, support the company’s position. The Company also contended that its decision to terminate Ross was supported by prior arbitral decision. It has also cited the arbitral opinion of Arbitrator Porter in Bethlehem Steel Co., who reasoned that employees may not exercise individual discretion regarding the need to comply with safety rules. The prior decision does set a precedent for Ross’ case, although Arbitrator Porter’s opinion does not have any bearing on it. The prior case also involved saw operation and consists of the same type of violation. Employees should be able to realize the importance of the Work Rules, especially for their own benefit. Although the prior decision sets a precedent for Ross’ case, and supports the Company’s position, not much weight is put into it per se. What matters more is

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.