Robyn Andrews was a registered nurse employed in the cancer unit of University Hospital. Andrews is now 35 years old and was hired by University Hospital on June 1, 2009. The hospital has a three-point performance rating system: (1) does not meet expectations; (2) meets expectations; and (3) exceeds expectations. Each year but 2018 Andrews received a performance rating of "meets expectations." In 2018, she received a rating of " does not meet expectations." In her role as cancer nurse, Andrews was responsible for monitoring patient care, administering cancer drugs (chemotherapy, opioids), monitoring patient regimes, and counselling patients and their families concerning cancer care options. Accordingly, nurses on this unit were required to maintain certification as "cancer specialists." Andrews received this certification in 2002 and had maintained it ever since. Andrews was verbally counselled and received two written warnings for absenteeism on February 14, 2018, July 25, 2018, and October 4, 2018, respectively. She was terminated on November 7, 2018, following a three-day leave of absence without permission. A union representative was present for the last warning; Andrews declined union representation for the first two warnings. At no point was Andrews reminded about the Employee Assistance Program (EAP) in place at the hospital. On November 1, 2018, management found oxycodone in her locker. Only Andrews had the combination needed to open that locker. The amount of oxycodone found was the exact amount that Andrews had signed as being "contaminated and destroyed" on October 31, 2018. The letter of discharge states that she was terminated for failing to call in sick, excessive absenteeism (14 percent as against a hospital average of 7 percent), and theft of medication from the hospital. Subsequent to the discharge, Andrews sought treatment for a drug and alcohol addiction. She has been in and out of counselling since December 2018. Between the initial treatment of December 2018 and the time of the arbitration hearing (July 15, 2019), she had three major relapses in which she stopped attending her counselling sessions (dates January 3, 2019, February 14, 2019, and March 17, 2019). She has been drug- and alcohol-free since April 11, 2019. Andrews's addiction counsellor, Dr. Asan, believes that she has a 75 percent chance of remaining chemical-free over the next few years. In Dr. Asan's opinion, it was the unexpected death of Andrews's eight-year-old daughter, who in March 2017 died in the ER of the hospital where she worked, that caused the subsequent addiction. Specifically, Andrews lost control of her car when it hit black ice. An accident followed where she was injured and her daughter subsequently died. Andrews was prescribed oxycodone as a pain killer for her accident-related injuries. Now that her patient has recovered from this tragic event shock, Dr. Asan believes that Andrews can maintain an acceptable attendance and performance record as a cancer nurse in the future. In terms of other employees, Ms. Gomez (her manager) states that only one other cancer nurse, out of a staff of 25, had an absenteeism rate greater than 10 percent (13 percent). That nurse was given a written warning. Since that warning, her attendance has been meets expectations. Hence, further discipline was not necessary for that nurse. Key Dates June 1, 2009: Andrews hired February 14, 2018: Verbal counselling July 25, 2018: Written warning October 4, 2018: Second written warning November 1, 2018: Oxycodone found in Andrews's locker November 7, 2018: Termination December 2018: Andrews' initial treatment July 15, 2019: Arbitration Relevant Collective Agreement Clause Article 15—Corrective Action and Discipline 15.1. Employees can be disciplined only for just cause. Such discipline must be reasonable and commensurate with the seriousness of the violation. 15.2. Both the union and the hospital believe in the concept of progressive - discipline. Accordingly, they agree that a verbal counselling should take place prior to any disciplinary action. Should an employee's conduct or performance not improve after this counselling, the normal progression of discipline will be as follows: • Step 1: Written warning • Step 2: Second written warning • Step 3: Suspension without pay • Step 4: Termination 15.3. Notwithstanding clause 15.2, it is understood that certain offences are sufficiently serious to warrant immediate discharge and/or a faster - progression through the process outlined in 15.2. 15.4. Employees have the right to have a union representative present during any of the steps outlined in clause 15.2. Endnotes 1. This case is pure fiction and is not an actual arbitration. It was created for educational purposes by Travor C. Brown.          

1. Summarize the key arguments from the management side. Your answers should be complete, and refer directly to the evidence presented in the case. 
2. Summarize the key arguments from the union side. Your answers should be complete, concise and refer directly to the evidence presented in the case. 
3. Assume that you are the arbitrator hearing this case you must make a decision. You must justify the decision based on relevant facts, applicable laws, provisions in the collective agreement and any previous arbitration decisions / awards. and you would provide if you were an arbitrator. 

Answer rating: 100% (QA)

a Managements Key Arguments Andrews consistently received meets expectations ratings in performance except for 2018 when she received a does not meet ... View the full answer