Labor Law & Collective Bargaining: Unit VII Case Study Analysis

This case study analyzes a labor dispute within Collective Bargaining Unit VII, focusing on an employee's repeated misconduct related to sleeping on the job and violating safety rules. The company's decision to terminate the employee is examined, considering the warnings issued and opportunities provided for explanation and counseling. The union's argument against the termination is evaluated based on the available evidence and past incidents. The analysis emphasizes the importance of consistent policy enforcement and thorough investigation before making a final decision. Desklib provides access to similar case studies and resources for students.

COLLECTIVE BARGAINING
UNIT VII CASE STUDY
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1

COLLECTIVE BARGANING
Question 1
The treatment extended by the company with regards to the first two “sleeping on the
job” incidents has significant implications for the case it is recommended that suitable
opportunity should be provided to the employee for any misconduct through warnings and
other measures before taking the extreme step of termination. In the given scenario, the
company issued a written warning to the grievant after the two sleeping incidents as per
which continuation of such behavior may lead to termination of employment (Carrell &
Heavrin, 2013).
However, the grievant showed no improvement and repeated the mistake of sleeping
during working hours which is a clear indication of carelessness on part of the employee
(Burchill, 2014). The company also provided ample opportunity for justification of mistake
by providing opportunity to cite any physical condition (backed by claim from doctor) that
may be triggering such irresponsible behavior. Also, with regards to the safety measures, a
counseling conference was also arranged (Carrell & Heavrin, 2013).
Question 2
Considering the scenario at hand, it is apparent that there was a violation of safety
rules by the grievant. This is apparent from the fact that in each of the incidents reported, the
grievant was found sleeping while the motor of the truck was still running and the truck was
out of gear. Even though the safety breaks were on but still it can potentially lead to a mishap
if there is any failure of these breaks. While similar issue may arise while driving the truck
but in avoidable circumstances, safety ought to be observed (Burchill, 2014).

COLLECTIVE BARGANING
Also, there is no denying that the conduct of the grievant has been careless
considering the state of truck when the grievant was found sleeping. The company on its part
offered all potential help to the grievant to deal with the violation of the safety measure by
providing a chance to explain and also organize a counseling conference for safety measures.
Hence, the company has a just cause to dismiss with the assumption that the policy is
consistent in such cases (Carrell & Heavrin, 2013).
Question 3
The argument put forward by the union would fail to hold any credibility considering
the lack of evidence to support the claim made. Based on the scenario presented, it is known
that the grievant has issues in the past with regards to similar complaints. Also, in wake of
any contradictory evidence, it would be fair to assume that the first instance which the
supervisor did not report actually did happen. Hence, in such scenario, relying only on the
testimony of the grievant would not be correct considering that any support from union
member or backhoe driver to support his claim is absent (Goldman & Corrada, 2018).
However, considering that there could have been an alternative explanation for the lying pose
of the driver, the same should be verified using an independent enquiry into the incident
before the decision to dismiss is finalized (Burchill, 2014).

COLLECTIVE BARGANING
References
Burchill, F. (2014). Labour Relations (4th ed.). New York, NY:Palgrave McMillan
Carrell, M. R., & Heavrin, C. (2013). Labor relations and collective bargaining: Private and
public sectors (10th ed.). Upper Saddle River, NJ: Prentice Hall.
Goldman, A. & Corrada, R. (2018). Labour Law in the USA (2nd ed.) London: Kluwer Law