BHR4350 Collective Bargaining
1.Should the company’s treatment of the grievant for the first two “sleeping on the job” incidents influence the outcome in this case? Explain.
2.Did the Company have just cause to dismiss the grievant for violating safety rules when in each instance cited, the truck was out of gear with the safety brake on?
3.Is the union’s argument that the grievant just appeared to be “sleeping” creditable in the absence of any testimony of support by the backhoe driver, a fellow union member?
Answer:
Answer- Yes, the company’s treatment of the grievant for the first two “sleeping on the job” incidents should influence the outcome in this case. This is because of the fact that it shows that it is very crucial it for the employer to have a clear rules as well as to impose them consistently in the workplace. After the first two incidents happened, the grievant was provided with a written warning which indicated termination of him from the job in case if such similar incidents he repeats again. He has been warned twice (Carrell & Heavrin, 2013). It was the third incident where repetition of the same mistake again had proved that grievant was careless. The first warning was not treated as a threat to the workplace safety because the grievant had his emergency brake on. If the employer had been treated the grievant with more seriousness and severity, then the grievant would have known not to repeat the same again.
Answer- Yes, the company has just caused to dismiss the grievant for violating safety rules though the truck was out of gear with the safety break on. It was indeed vey risk. Sleeping during the working hour is unprofessional as well. However, in this context, as the grievant was sleeping, anything could have happened to him. Someone might have walked up the truck or would have pulled anything in front of it, anything that is important and he would not have seen it. Anything could have happened. The safety breaks of the truck could have failed. Therefore, it is very risk to fall asleep during the working hour, especially in such type of area and that too in a running vehicle.
Answer- No, the unions’ argument that the grievant just "appeared" to be sleeping is not credible without the support of the backhoe driver. This is because of the fact that the manager in this case study has just led to supposing or assuming that the grievant was fallen asleep (Carrell & Heavrin, 2013). With the same, it is also to state that at the time of occurrence of this incident, both the backhoe and the supervisor operator have observed that the grievant was asleep for a good number of minutes. Moreover, it is also true that he was also warned twice before for the same issue. Hence, it is likely that the grievant was sleeping and it is hard to say that it was a misapprehension or misconception.
References:
Carrell, M. R. & Heavrin, C. (2013). Labor relations and collective bargaining: Private and public sectors (10th ed.). Upper Saddle River, NJ: Prentice Hall.
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