Case 2 Fighting on the Employer\'s Premises 405 Fighting on the Employer\'s Prem

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Case 2 Fighting on the Employer's Premises 405 Fighting on the Employer's Premises as ISSUE Step 1: Within three (3) work days of the occurrence of the alleged violation, the employce will take the matter orally to his/her immediate supervi- sor, with or without the Department Steward present. The supervisor will give an oral answer within two (2) work days If the complaint or grievance is not then settled, it shall be reduced to writing and taken up within three (3) work days by the Chief Steward and the Plant Manager and/or desig nated representative(s) of the Company. The Company agrees to give a written disposition on all written grievances submitted by the Chief Steward within three (3) work days. rievant, Fred Brooks, discharged for just f not, what should be the appropriate remedy? as cause? If not, what should be the BACKGROUND 15, 2002, forklift driver Fred Brooks was Step 2 Step 2: n incident on Company property and on time with another forklift driver, Harold As a result of the incident, both men were sus- nded for 2 days for investigation and on July 18, 2002 lved in an incident Thomas th of them were terminated Brooks' official Termination Notice (Joint Exhibit as the reasons for his separation “Fighting on volved in incident) and assault. Also destruction of company property. Violations of griev- property (knife in Step 3: If the complaint or grievance is not then set co. tled, it shall be taken up by the Plant Manager, Chief Steward and higher officials of the Company and the Union within ten (10) work days. The Company will give a written answer within five (5) work days after this Rules 38 and 39." On August 18, 2002, he filed a (Joint Exhibit 6), complaining that, "I was arged for fighting on company property. I feel that is unfair and unjustified because the company does fire everyone for fighting. I ask to be reinstated with y and seniority." It was denied, triggering this back pa Step 4: If a grievance has not been settled after the steps have been carried through, either party may ask that the grievance be arbitrate Grievances challenging labor standards incentive wages, or base rates of jobs will not be su reach an agreement on the selection of an arbitrator, the selection then shall be made from a list provided by the Federal Mediation and Conciliation Service. The expense of the arbitrator, if any, shall be shared equally by CONTRACTUAL PROVISIONS ARTICLE IIT bject to arbitration. If the parties cannot Management's Rights SECTION 1. It is agreed that the operation of the busi ness and the direction of the employees including the making and enforcing of reasonable rules to assure orderly and efficient operations, the right to hire, to transfer, to promote, to discharge for cause, to lay off for lack of work, or to change or regulate shifts, are rights vested exclusively in the management of the oth parties. It shall be the function of the arbitrator to make decisions in cases of alleged violation of the specific Articles and Sections of this Agreement. He/she shall hav no power to add to, subtract from, disregard, alter, or modify any of the terms of this ARTICLE XII Representation and Grievance Procedure SECTION 2. A grievance is defined to be any dispute etween the Company and one or more employees SECTION 3. Any grievance not referred further by the Union in Step 2 and Step 3, within three (3) work days of the Company's written disposition shall be considered or the Union as to an alleged violation of a provision grievances tled on the basis of the last Company answer, without arty, unless the time limits are set prejudice to either p greement. The steps for processing

Explanation / Answer

1. When a knife is involved in attack of someone, Company just cannot do anything it must discharge brooks from his duties. If company does not take action againist brooks it would hamper companies security. Further companies need secure environment to flourish. Bringing in deadly weapons to assault is the last thing any company in world want.

2. The employer must proove that he indeed was in possession of knife, Further the employer must also prove how much property was destroyed in the fight.

3. Union efforts to represent this case are not persuasive, the fact is that both of them had a fight that resulted in damage to companies property and also endangered security of everyone. So the companies rule of discharging is much more clear.

4.

A) There is nothing else arbitrator can do if someone can bring a knife and fight

B) It is untimely because they must have protested when the notice of 2 days suspension was given not after action is taken.

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