Question: Ravenscroft worked for Westvaco for years when he was fired for sexual harassment of a co-worker in violation of company policy. He challenged his discharge
Ravenscroft worked for Westvaco for years when he was fired for sexual harassment of a co-worker in violation of company policy. He challenged his discharge as improper because he was represented in employment by a union. The collective bargaining agreement stated that the union could challenge discharges by arbitration. The arbitrator then held that Ravenscroft had harassed the woman, but ordered him reinstated in his job. The company sued, contending that the arbitrator exceeded his authority by substituting his judgment for that of management and that reinstatement violated public policy because it prevented the company from dealing effectively with sexual harassment. Who prevails? Does labor law or discrimination law control?
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