HRMG 3205 LABOUR RELATIONS 1

EXERCISE 2 DISCIPLINE CASE

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This is a case involving a workplace incident that warrants discipline. As the Director of Labour Relations for Ace Computer Company Inc., you are expected to decide on what discipline is warranted based on the facts and circumstances of the case. In providing a written account of your decision, you should state what events, circumstances, and facts you relied upon.

1. Background:

Ace Computer is a distributor of name brand computers and peripherals in Richmond, BC. It is the sole distributor for Compaq systems, but also distributes monitors, printers, scanners, and related peripherals for a wide range of suppliers. Ace also manufactures no-name computers, which are custom made to order for small computer outlets.

Ace has 250 employees, of which 125 work in the warehousing and computer assembly area. The employees are represented by the Teamsters, Local 1960. The bargaining unit was certified in 1995. In general, relations between the Company and both its employees and the Union are good. Collective bargaining negotiations are usually difficult because the Company is in a very competitive industry and the Union always presses for rates of pay and benefits such as those achieved in large warehousing operations such as Summit, Versa Foods, and Overwaitea.

There is always a certain amount of tension in the workplace. As a result of the competitive nature of the market, Ace is a business that operates on a just-in-time basis, which frequently creates pressure to meet tight delivery and production targets.

The Company also operates a small over-the-counter service that sells directly to local retail customers who pick up their own merchandise or do so by courier. Customers walk through a secured back entrance and enter a large room with a service counter. The main warehouse is on the other side of the counter, in full view of the customers. Customers are served by warehouse personnel who in turn pick up their orders from stock, if not pre-picked, and complete the necessary payment transactions. Given the high value of inventory on hand and as a deterrent to theft, the Company employs three security guards who move about the entire workplace, including the sales and accounting areas, on a random basis.

2. The Incident:

Earlier today, at approximately 2:30 pm, a customer entered the over-the-counter service area to pick up a new system. The order had been placed early in the day for pick up by noon. As on many other days, it was very busy at the counter. A number of customers were being served. A courier driver was waiting for a product, another customer was engaged in a discussion over payment, and this new customer was late and in a hurry.

This customer was approached by Dan Bialecki, a counter rep, who located the paperwork and then proceeded to check two shelving areas for the system. The order was not there. Dan turned around, disappeared down one of the aisles, and returned with another employee, Henry Robertson, to the service counter area. Henry is one of the warehouse employees responsible for picking and assembling orders. Dan, looking irritated and waving the paperwork as he walked, was loudly criticizing Henry and questioning the status of the order.

At about this moment, they were met by Baxter Steeves who was walking by and carrying an order of small boxes containing video cards.

Henry grabbed Baxters arm, saying Hold on! to stop his progress. Baxter, caught off guard, almost dropped the items he was carrying. With Dan at his side, Henry proceeded to inform Dan that it was Baxter who picked the order, not him, and that Baxter is the one who screwed up. Baxter reacted with an expletive, saying he was not on the counter today and swore at Henry. Dan, sensing this was not the place for an outburst, then instructed Baxter to stop what he was doing and get the order picked because a customer was waiting.

Baxter immediately dropped the boxes and fired back that he was fed up. Baxter, turning to Dan, then said he was not responsible for the mix up and had someone waiting at the back shipping area for the video cards. Baxter added that Dan could get lazy and useless Henry to do his own job. Henry fired back with an expletive.

Henry then shoved Baxter with his forearm calling Baxter an obscene name as he attempted to move on. With that, Baxter took a swing and hit Henry on the back shoulder. From that point on, a nasty scuffle ensued complete with profanities until Dan and a security guard managed to separate the two.

Dan, who is lead hand in the area (he is a member of the bargaining unit but is the head counterperson, for which he receives a small premium) reported the incident to Della Street, the Warehouse and Operations Manager. She informed Henry and Baxter that they were both suspended without pay until further notice. The shop steward was not at work that day.

Ms. Street has asked you to decide on what discipline the Company should give to the two employees. She does not think that Dan should be reprimanded, but she is leaving that decision up to you as well.

3. Other Information:

1. Baxter Steeves Work Record:

• 6 years with the Company

• Married, no children

• 32 years old

• One written warning in the last month for lateness

• A one day suspension two years ago for being away from work without leave for over a week

• A written warning six months ago for refusing a legitimate shift change on personal grounds (the Company had issued a two day suspension but settled for a written warning when it was grieved)

• One 5 month absence for a work related injury, otherwise fairly regular attendance

• Generally easy to get along with, but can be moody

• A letter of thanks from the former warehouse manager for working all weekend delivering products to a trade show

• Sort of a relief shop steward fills in when the shop steward is on holidays

2. Henry Robertsons Work Record:

• 3 years with the Company

• Single, no children

• 42 years old

• No favourable or unfavourable entries in the his work record

• Qualified first aid attendant

• Unsuccessful on a recent promotion

• Suffers from chronic pain in his neck due to a car accident and, as a result, has been off work for several days from time to time

• Fired from a previous job in an unrelated industry

3. Dan Bialeckis Work Record

• 9 years with the Company

• Married, two children

• 38 years old

• Transferred over from computer assembly a year ago

• No formal training on supervision

• Did receive a number of oral and written warnings at the outset of his employment with the Company on issues related to productivity

4. Collective Agreement Provisions:

• Normal grievance and arbitration procedures

• When management communicates discipline to an employee, the shop steward must be present

• Although there are different job classifications, it is not uncommon for employees to work in more than one area