Question: please answer questions 1-3 after the case Continued three days, and her disciplinary notice contained the following warning Should you violate any Barrera rules or

please answer questions 1-3 after the case please answer questions 1-3 after the case
Continued three days, and her disciplinary notice contained the following warning Should you violate any Barrera rules or regulations during the next 12 months, you will be immediately discharged from Barrera employment No grievance was filed protesting this suspension December 9 begon like nearly every day for McNa mara uring the bundles of newsprint, cutting the plastic straps, and putting the paper into the baler-not wearing safety gloves because it was more efficient. However, little while later an unexpected delivery of 30-gallon plastic bags arrived and McNamara and several other employees had to sort the paper, tin cans, and bottles. The other om ployees donned their safety gloves for this task, but McN mara had left hets in her pickup truck because the delivery was not expected. Thirty minutes later Gomez wandered by and observed McNamara sorting the materials without safety gloves. After explaining that they were in her pickup truck, she was ordered to go get them. Three minutes later she returned with the gloves and continued sorting-this time with the safety gloves Gomez, however, felt that discipline was appropriate and fired her. Consequently, Local 37 filed a grievance pro testing the discharge on the grounds that the company did not have just cause. 5.Deliberate destruction or removal of plant or another person's property 6. Neglect of duty 7. Hefusal to comply with plant rules provided that such rules shall be posted in each department where they may be read by all employees and further that no changes in present rules or no additional rules shall be made that are inconsistent with this agreement and further provided that any existing or new rules or changes in rules may be the subject of discussion between the standing committee and the local plant manager and in case of disagreement, the procedure for other grievances shall apply 8. Disorderly conduct 9 Dishonesty 10. Sleeping on duty 11. Giving or taking a bribe of any nature as an induce ment to obtaining work or retaining a position 12. Reading books, magazines, or newspapers while on duty, except where required in line of duty 13. Failure to report for duty without bona fide reasons 14. Reporting to work under the influence of any drug, marijuana, alcoholic beverage, or any other mind-sitering substances, or the possession or use. thereof during work on work premises or in plant owned/leased vehicles Section 2. Discharge or suspension of an employee (not including a temporary tayot shall be based on just and sufficient cause with a full explanation given to the employee Article XXI-Adjustment of Complaints Section 5 a. It is recognized and understood that management's right to discipline shall include the right to reprimand or warn an employee. The receipt of a written rep- rimand or warning shall be subject to the grievance procedure as set forth herein b. Provided further, all written reprimands of which a record is kept will be stricken from the plant's files and the employee's work record after a period of une (1) year in which the employee received no reprimands POTENTIALLY RELEVANT CONTRACT PROVISIONS Article I-Goneral Purpose of Agreement The general purpose of this agreement is in the mutual interest of the plants and the employees, to provide for the operation of the plants hereinafter mentioned under meth ods which shall further to the fullest extent possible, the safety of the employees, economy of operations, clean ness of plants, and protection of property. It is recognized by this agreement to be the duty of the plants and the employees to cooperate fully individually, and collectively for the advancement of said conditions Article XIX-Nondiscrimination Neither the company nor the union shall discriminate against any employee because of race, color, religion, sex, age, handicap, or national origin. The parties further agree that they shall not discriminate against qualified hand- capped individuals, qualified disabled veterans, or quali fied veterans of the Vietnam Era Article XX--Couses for immediate Discharge Section 1 Causes for immediate discharge are as fol- lows 1 Bringing intoxicants into or consuming intoxicants in the plants or on plant premises. 2. Reporting for duty under the influence of liquor 3. Disobedience 4 Smoking in prohibited areas QUESTIONS 1 As the person responsible for labor relations at Barrera Recycling Company, articulate a case to support your contention that there was just cause for the discharge of Erin McNamara 2 As the chief steward for Local 37. how would you substantiate your allegation that the dismissal violated the collective bargaining agreement? 3. As an arbitrator how would you rule? Why

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