Please read the following fact pattern and relevant collective bargaining agreement (CBA) provisions. Can you provide a mock up opening statement advocating for your client. You can choose to either advocate for Anthony Soprano (the employee/union) or Harris Quarry (the company). Please tell me in your first sentence who you represent.

The opening can be less then 3 pages in length.

Assume the parties have agreed to arbitrate this matter and there are no procedural concerns. Only use the CBA provisions provided.

Fact Pattern:

Anthony Soprano has been employed by Harris Quarry as a load operator for 14 years. Anthony has no discipline record on file and has been evaluated eight (8) separate times during his tenure with Harris Quarry. His evaluations are all average to above average. The only negative statement found in the evaluations was a reference to him being late on occasion. That was from evaluation done five (5) years ago when Anthony and his wife, Carmela, had their second child. He has had one evaluation since and there were no negative remarks.

Anthony has regularly worked alone in the operation of a bulldozer to push debris into pits to fill holes created at the quarry. He was required to push the fill directly into the pit with his bulldozer perpendicular to the face of the pit.

In January 2022, Anthony was assigned to a new area of the quarry, in which there were significant traffic flow issues. The quarry's safety engineer, Jennifer Melfi, had designed a system whereby Anthony was required to push the fill into the pit on an angle so that customers' trucks could continue to access the area by driving behind him. The quarry assigned two employees to serve as a gatekeeper (Paulie Gualtieri) and spotter (Johnny Sack) to control the truck traffic in the area.

Anthony's first day proceeded without problems. However, on the second day in the new area, Anthony insisted on pushing the fill directly into the pit and refused to push the fill on an angle. He was adamant that his way of pushing fill was "more preferable" and "better" than Ms. Melfi's designed way. After talking with his boss, Dwight Harris, Anthony reluctantly agreed to do it the Company way.

A week later, Anthony took his lunch at 11:30am and ate a hoagie. When he returned a half hour later, the operation was busier than usual, and piles of fill were double-stacked near the pit. Anthony pulled up in his truck and yelled to Mr. Harris, "What the hell are you guys doing? You guys are a bunch of meatballs that don't know anything about how real work is done. I'm not pushing any dirt!" He then drove off.

Mr. Harris tried to call him on the radio, but Anthony did not respond. Mr. Harris drove to the quarry office, but could not find Anthony. Harris moved another employee, Bobby Baccalieri, into Anthony's bulldozer to work on the backup. The backup was cleared up in about 45 minutes.

Around 3:00pm, Anthony appeared in Harris's office. Anthony asked if he was fired and threaten to call OSHA and state safety agencies. He did call quarry safety engineer Jennifer Melfi from the office and argued that his method of pushing fill directly in the pit was "better" than her way. Harris met with Anthony to discuss the situation and Anthony argued that it was not safe to push the fill in the way Melfi wanted because he may hit one of the trucks driving behind him causing damage not only to the company's property, but also to customers' trucks.

Harris concluded that Anthony did not have a legitimate safety issue and he terminated him that day for insubordination. Anthony went to his union and timely filed a grievance.

Relevant Collective Bargaining Agreement provisions:

Article III- Management's Rights The direction of the working force, including the right to plan, direct, and control quarry operations, to schedule and assign work to employees, to hire, lay off, or relieve employees from duties are the sole rights of the company.

Article VII Discipline: No employee shall be disciplined or discharged without just cause.

Article XII Health and Safety The Employer shall provide a safe and secure workplace for its employees.

Agreed upon issue for the arbitrator:

Was the grievant discharged for just cause? If not, what shall be the remedy?