1. Should the Company's treatment of the grievant for the first two "sleeping on the job" incidents influence the outcome in this case? Explain.
2. Did the Company have just cause to dismiss the grievant for violating safety rules when in each instance cited the truck was out of gear with the safety break on?
3. Is the union's argument that the grievant just "appeared to be sleeping" creditable in the absence of any testimony of support by the backhoe driver, a fellow union member?