Horton Automatics and the Industrial Division of the Communications Workers of A

Question

Horton Automatics and the Industrial Division of the Communications Workers of America—the union that represented Horton’s workers —negotiated a collective bargaining agreement. If an employee’s discharge for a workplace-rule violation was submitted to arbitration, the agreement limited the arbitrator to determining whether the rule was reasonable and whether the employee had violated it. When Horton discharged its employee, Ruben de la Garza, the union appealed to arbitration. The arbitrator found that de la Garza had violated a reasonable safety rule but was not totally convinced that Horton should have treated the violation more seriously than other rule violations. The arbitrator ordered de la Garza reinstated to his job. Can a court set aside this order from the arbitrator?

Explanation / Answer

Answer:

This is the case of discharge of an employee from Horton Automatics and the Industrial Division of the Communications. The organization had a union agreement that worker disputes will be handled by arbitrator.

In this case, the employee discharge case reported by the union at arbitrator and arbitrator reviewed the case and he said that though the employee had violated some safety rule, but it is not so significant that the employee can be discharged. Hence the organization needs to keep back the employee on work and they need to cancel the discharger order of the employee. The arbitrator ordered de la Garza reinstated to his job.

The court can set aside this order from the arbitrator, if the any of the party appeals for the decision and if any of the party do not agree with the decision of the arbitrator.

If the union and the organization both agrees for the decision of arbitrator, then the role of court will not be in action. Then the court will not intervene in this case. But if union or organization appeals in the court against the decision of the arbitrator, then court will be in action and court may aside this decision of arbitrator and they may have review of the decision of the arbitrator as per legal laws and rule and then will release their decision.

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