Trade union versus management - coins on both sides

In this paper, I will identify the issues raised in the assigned scenario, explain what to discuss when I was representing the union with arbitration, and when I was representing the employer by arbitration To do.

From the perspective of the union, the problems raised in the assigned scenario accidentally condemn the employee with theft. Employee dismissal without fair reasons. The dismissal of Bonnie is severe and severe compared to her 10 year model employment record. Denial of the right to represent the labor union at the disciplinary hearing, and failure to present evidence of employee misconduct.

As it relates to posing problems during arbitration, "There is not much, like a good advocate, I will probably try to raise as many problems as possible, but I am qualified I realize that the problem is much better than the quantitative problem.If like Pitbull, I will go to the jugular vein of my opponent and push the envelope as much as possible.Of course, We strive not to compromise honesty and law code / ethical standards (lawyers).

As the legend progressed, "the first thing ... first!" Therefore, I will allow the proper procedure to run the course: Shop steward / Grever communicates with the (problematic) manager. If the solution can not be reached, the official of the association communicates with the superior manager. If the resolution still can not be reached, the union president will communicate with the executive. If all attempts to the solution to this point fail, the employer and I will appear before the arbitrator due to the complaint and the arbitration agreement. Arbitrators for final and binding resolution.

After the four steps "dance" described in the above paragraph, I insist that the employee is not stealing the shirt so that "the dog is loose". I emphasize this claim that employers have not filed evidence claiming camera recordings or employee confessions. Therefore, it can be argued that the manager has incurred a breach of contract, in particular the cause of justice. Employees are not disciplined for justice reasons. I emphasize strict acts as well as acts of violation. For example, he emphasized the model record of employment that Bonnie had been maintaining for over a decade, and wielded personnel files as an appropriate pillar. When I strike a nail, I declare it based on the evidence that employees, in particular Bonnie, can only be concluded with extreme prejudice. In order to take appropriate measures, despite the fact that employers have legal defense, the manager of the disciplinary meeting will cast "requested union representative's refusal" (discussed below) .

When I refer to the employee handbook that contains the provision that theft was given to Clyde but is a terminable crime that is not given to Bonnie, I believe that I can ignore for the following reasons. First, the collective bargaining agreement is a contract and the employee handbook is not a contract. Of these, management reserves the right to change handbook materials at any time in accordance with the disclaimer before and after the employee handbook. Therefore, from the perspective of the union, the employee handbook is invalid because it is not a provision of collective bargaining agreement. On the other hand, the theft is contrary to the law, ignorance of the law is not an excuse to destroy the law. However, because the employee has not committed a crime of theft, the above sentence is a mistake. If not, management must make a case against your position by first submitting undeniable evidence supporting that claim.

From the employer's point of view, the problem posed in the assigned scenario is that the employee was stolen, the theft is the just reason for the dismissal. Due to the theatrical (but strategic) effect, I present an employee handbook that includes the provision that theft is a terminable crime. He was given to Clyde at his employment. Regarding Bonnie, he will emphasize the criminality of the crime "theft is in violation of the law". A criminal / accusation action took place on the premises of the company as the management witnessed when looking at camera recordings.

Furthermore, since recent adoption, due to the long paper trail, the dismissal of Clyde is not severe and severe. Like a baseball game, "Three blows you are out" has to do with Clyde's case. In addition, management reserves the right to reach a decision on disciplinary despite the absence of the union representative requested under the Labor Law. For example, even if the investigated party (the terminated employee) refuses to participate without taking the union representative at the disciplinary meeting, the management can reach the decision. Anyway, as we did not contact us by the next day, it may be average that the union representative could not immediately use it.

Like the union's counterparts, the management's argument will apply a "not so many" model as it relates to problems positively raised during arbitration. I will show my enemies in every aspect described in the third paragraph of this paper.

After the four stages of dance mentioned in the fifth paragraph, I will effectively discuss the issues raised in Sections 6 and 7.

The arbitrator will likely be advantageous to the union due to lack of evidence. Because there is no camera record or employee confession. Therefore, the arbitrator will be obliged to give the union the benefit of doubt. Someone may argue that Clyde's dismissal will be deferred even if Bonnie reinstates for many years of model hire compared to Clyde's failed short-term employment record. Conversely, Clyde and Bonnie will be on the same boat (not the same, separate carJ) as the lack of evidence makes his checkered past unrelated to his reinstatement in his profession. Lawyer, a great lawyer, Johnny Cochran, said, "If you do not have proof, you have to let customers go."

In conclusion, I will explain the issues raised in the assigned scenario, what to discuss when dealing with unions with arbitration, and when representing an employer with arbitration. did.

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