gricynce Discussion Case 3: Safety Gloves Discharge, with Just Cause? BARRERA RE

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gricynce Discussion Case 3: Safety Gloves Discharge, with Just Cause? BARRERA RECYCLING COMPANY LOS ANGELES RECLAMATION REGLAS DE SEGURIDAD 11. Zapatos de seguridad y lentes deben ser usados si lo indica el supervisor todo el tiempo. Otras de seguridad deben ser usadas BACKGROUND This notice was posted on the lunch room bulletin the tin cans contained sharp edges, so it was important board of the Los Angeles Reclamation facility of the to wear safety gloves. McNamara ate her lunch in her Barrera Recycling Company. Rafael Gomez was the pickup truck and had never been to the lunch room. plastic bags. Many of the bottles arrived broken, and general manager of this facility, and Erin McNamara She did not speak or read Spanish. was an employee with approximately 20 years of McNamara was transferred to this facility froma seniority and was represented by Local 37 of the United Paperworkers International Union. Long Beach facility in January and in October was given a disciplinary three-day suspension by Gomez. Prior McNamara's usual task was handling bundlesto this suspension, Gomez had six or seven conversa- e considered verbal reprimands, with of newsprint that were bound with plastic straps. McNamara cut the plastic straps and placed the news- print into a baling machine. The plastic straps were tight so it was difficult to slide a hand under the strap to lift the bundle and cut the strap. Consequently, tions, whichh McNamara over work p One (according to McNamara) or two (according to Gomez) of these conversations dealt with McNamara sleeping through safety meetings. Two others a and other employees would not wear the pertained to McNamara's failure to wear safety gloves, another the failure to wea McNamar company's bulky safety gloves when lifting the bundles and cutting the straps. Occasionally, and not on a fixed schedule, McNamara would be required to sort loose paper, tin cans, and bottles which arrived in 30-gallon r a hard hat (McNamara had accidentally left it in her truck), and still another the failure to wear appropriate safety glasses. McNamara had been issued safety glasses without side panels at

Explanation / Answer

As I am responsible for labor relations at Barrera Recycling, I will provide my justification for firing Erin McNamara by uttering that as per the section 2, Article 20 of the company contract Act, it was stated that “ suspension or discharge of any individual from the job should be depending on justified and reasonable sufficient factors with a detailed reasoning provided to the employee”. As per the facts available on 28th October, firing is completely justified as she was not putting on gloves while on the job and this is a valid reason for the action taken. She was provided the notice related to the discipline on the job and it was mentioned in the notice that if any other rule if violated by her in next 12 months, she will be liable to be fired immediately. Being the Chief Steward of Local 37 I will oppose the firing of Erin McNamara should as no rule was broken by Erin McNamara which could result in her firing from the job immediately. She did not refuse to follow the rules of the company and if fact the rules were not displayed at the relevant locations in the plant and the language in which she could read. Being the arbitrator, my ruling will be in favor of Erin McNamara as no rule was breached by her which could result in immediate discharge from the job and the requirement of “just and sufficient” cause which was stated in Section 2 of the contract was not violated simply by not having the gloves on.

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