PLEASE TYPE THE ANSWERS. NO HAND WRITNG

Study the chapter and answer the question below and those related to Case Study 16.1 It's Not my Dope 16.6 What are an employer's rights with regard to OSHA inspectors? Case Study 16.1 It's Not My Dope 1. Do you agree with Gerald's actions in this situation? Explain. 2. Do you think Harry has a legitimate argument about privacy rights? Explain. 3. How do you think an arbitrator will rule in this case? What are the critical issues that will determine the ruling on Harry's case? 4. What do you think Gerald should do to prevent another drug incident like this? Why do you think an outsider discovered the marijuana use? It's Not My Dope CASE 16.1 Gerald Haley was the plant manager of the ALU- GULF aluminum smelting plant. As Gerald was reviewing the maintenance schedule for the next week, Del Walsh knocked on his door. Del was a consultant who was advising the company on the installation of new computer controls for the smelter. DEL: You're not going to be happy with some news I have for you. GERALD: Don't tell me the new controls aren't going to be ready on schedule! We can't take another delay. DEL: No, no, that's not it. About 20 minutes ago I went out to take a look at the ducks that are flying in to land on the water out by the pier where the bauxite ships dock. I was walking back from the pier, and when I came by the storage warehouse, I thought I smelled marijuana smoke. I looked through a small space in the big slid- ing doors and saw a couple of maintenance guys smoking a joint. I didn't get a good look at who they were, but I thought you ought to know. GERALD: You're right, I'm not happy about this. Are they still out there?" DEL: I don't think so because a truck pulled up to the doors of the warehouse and they probably slipped out the back door to avoid being seen. There was no way to see the back door from where I was, and when the truck pulled in, I couldn't see any- one in the warehouse." GERALD: Thanks for telling me, Del. We really can't have that stuff around here. As you know, our guys work around dangerous equipment and high voltage all the time. In addition, a lot of the work they do on the power lines to the smelter takes place about 250 feet in the air. There just isn't any room for error or inattention. Be- cause of the danger, we have a policy that makes use or possession of drugs or alcohol on the premises a basis for termination. Gerald called the police, and they responded by sending three officers with drug detection dogs. The police took the dogs through the employees' locker room. The dogs detected no drugs in the locker room so they shifted the search to the employees' cars in the parking lot. In about 10 minutes, the dogs detected drugs in one of the cars. The police could see what looked like a joint in the ashtray. The police then called in the license tag of the car and obtained the name of the owner. It turned out to be Harry Snider, one of the plant's maintenance workers. Gerald confronted Harry. cops CHAPTER 16 Security, Safety, and Health GERALD: Harry, we received a report that two workers were smoking a joint in the warehouse this afternoon. When we brought in the drug dogs, they searched the company parking lot and found what appears to be a marijuana joint in your car. As you know, we have a strong policy against using drugs or having drugs on the prem- ises. Do you have anything to say?" HARRY: I don't smoke marijuana. If it really is marijuana then somebody else must have left it in there. It's not my dope." GERALD: "Well, we're going to need a drug test. Are you willing to give us a specimen for a drug test?" HARRY: I told you I don't use drugs and that whatever the found isn't mine. I'm not going to go through any drug test. I've got some rights to privacy. The answer's no.' GERALD: I will take your refusal to mean that you have declined the opportu- nity to establish your innocence. We're going to suspend you until we complete the analysis of the joint and the rest of our investigation." Three days later, after receiving positive test results on the alleged joint, the company terminated Harry. Harry filed a grievance with the union and the union pursued the case on to arbitration. The union argued that no employee should be fired for mere possession of marijuana, and that Harry should be given a second chance. Source: This case is based on a management brief written by Brian Meiners. Reprinted with permission. 1)