CLASSROOM EXERCISE 10.1 Arbitration Scenario (Labor Relations Process 11ed.)

On Thursday, March 4th, 2004, Juan Carlos, age 43, was on sick leave at his home. He went out-side to feed his horses and noticed a pickup truck driving towards him. As the pickup came closer, Juan noticed that the driver was Billy Bob Jones, a former boyfriend of his ex-wife.

Billy Bob pulled up to Juan and the two of them has an exchange of words. This exchange led to Juan pulling out a pistol and shooting Billy Bob, who was taken to the hospital. Billy Bob was admitted and later released. A warrant for the arrest of Juan Carlos was issued by the Magistrate of the County District Court on March 5, 2004. Juan was arrested on March 5, 2004, made bail, and was released.

On Monday, March 8th, Juan reported to work at the social services organization where he had worked for eight years. He asked for a meeting with his supervisor, Alice Smith, and department head, Larry Tate. Juan told them that he was involved in an altercation with Billy Bob Jones who had driven to his home, threatened to kill him, and grabbed his arm while the motor was still running. When Billy Bob leaned to his right and reached down toward his car seat, Juan feared for his life and shot Jones in self defense. He told them that he was later arrested. After the meeting, Juan returned to his desk and continued his job of interviewining citizens who visited his office to apply for public assistance. On the following day, Suzie Cue, a fellow employee, told Mr. Tate that she had read an article in the local newspaper that Juan had shot Billy Bob Jones and has been arrested. Suzie told Mr. Tate that she "was frightened having Juan in the same office." Mr. Tate knew that he had a potentially serious situation and he needed to investigate the situation. Mr. Tate first check the Collective Bargaining Agreement. The relevant language is as follows:

"Management may discipline employees for just cause. The Agency may suspend an employee indefinitely if there is a reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment could be imposed."

On March 10th, 2004, Tate decided to propose to suspend Carlos indefinitely, and Carlos was placed on administrative leave. After approval from his division head, Tate wrote a letter captions "Decision to Suspend Indefinitely" to Carlos. Upon receipt, Carlos began serving an indefinite suspension. On March 11th, 2004, Carlos filed a grievance and also filed a charge of race and age discrimination with the EEOC.

Management's preparation and decisions are only as good as its investigation. You be the investigator. What Information will you seek? What actions will you take to obtain this needed information?