Question: A collective agreement provided that when a disciplinary interview was held a union steward would be present (hereafter referred to as Article 6). An employee

  1. A collective agreement provided that when a disciplinary interview was held a union steward would be present (hereafter referred to as Article 6). An employee left work on a Friday afternoon prior to the end of his shift. The employee's position was that he had permission to leave. The employer's position was that the employee did not have permission to leave early. On the day of the incident a manager called the employee at home and talked with him. In the course of the telephone conversation the employee was advised he would be suspended for one week. The employee asked that the suspension be reduced and it was agreed that there would be a meeting to review the matter on Monday. On Monday there was a meeting at which a union steward was present; however, there was no change in the suspension. A grievance was filed that stated there was an "unjust suspension" and did not refer to Article 6.

Questions:

  1. What argument will the union make at the arbitration hearing? (3 marks)
  2. If you were the arbitrator, what would your decision be?(3 marks)
  3. If the grievance is allowed, what remedy should be ordered?

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