Question 2:

Continuing on with the scenario in Question 1: Dona's daughter unfortunately dies on March 1, 2019. the union contract allowed for 5 days paid bereavement leave. After the death of Donna's daughter, Donna returns to work.on March 5, 2019.

Donna's performance is markedly affected by her daughter's death. She is often late to work, has difficulty concentrating, and is rude to workers.

After 4 unexcused tardies in one month, and 5 complaints from co-workers about Donna's attitude over the course of two months, the supervisor of Donna wishes to impose some type of discipline on Donna. The supervisor, like everyone in the workplace has felt sorry for Donna but now the behaviors are affecting the entire work cohort. The supervisor has kept his own notes about what Donna's coworkers have reported to him about her behaviors, and how her tardiness has affected operations: he has not shared these with anyone else.

The collective bargaining contract has the following provisions:

Tardiness: For the purpose of this contract tardiness shall be defined as reporting to work five minutes after the prescribed starting time, whether it be the beginning of the work day, after lunch, or after breaks. In addition, habitual tardiness shall be defined as being late four times or more in a calendar month.

With regard to chronic tardiness or absenteeism, the following disciplinary action shall be taken: First unexcused absence or tardiness - verbal warning; Second unexcused absence or tardiness - first written warning notice; Third unexcused absence or tardiness - one week suspension without pay; Fourth unexcused absence or tardiness - subject to discharge.

Discipline and Discharge:

A. Cause for Discharge:

No member of the bargaining unit shall be discharged for except for just cause. Prior to discharge for reasons other than excessive absenteeism or tardiness, theft, dishonesty, drunkenness or being under the influence of a controlled substance as defined by law, while on the job, or other serious,willful misconduct, such employee must be given a written warning and opportunity to correct the deficiency.

B. Progressive Discipline:

Step 1: Oral warning. When a performance problem is first identified, the nature of the problem and the action necessary to correct it should be thoroughly discussed with the employee.

Step 2: . Written warning. If the performance or misconduct issue identified in step 1 has not been corrected or recurs within 6 months of the oral warning, the supervisor shall issue a written warning, with a copy of the warning to the Union.

Step 3:Suspension: if the same offense as was the subject of the written conduct recurs within 12 months, then the employee is subject to unpaid suspension of seven work days.

Step 4: If the same conduct which is the subject of the suspension recurs within 12 months of the suspension, then the employee is subject to termination from employment.

The supervisor reads the contract, and decides that he can fire Donna for chronic tardiness under the terms of the collective bargaining agreement, and he does so. Donna requests a copy of her personnel file, and files a grievance with her Union contesting her termination from employment as a violation of the labor contract. Discuss whether or not the supervisor is correct in his interpretation of the contract, what records Donna is entitled to see from her personnel file. Is she able to see what her co-workers say about her? Assume the workplace is in Minnesota. Discuss the next steps in the processing of the grievance under the typical means of union contract administration.