Reference no: EM133399686

Question: You will each create ONE arbitration brief as a member of the union. Finally, I do not expect you to be lawyers. However, please attempt to make your brief format appear as how a normal arbitration brief should look. I've provided a link on the information in the folder. The length should be several pages, however please try to keep your briefs eight (8) type written double-spaced pages or less.

Background of grievance to be arbitrated:

1.On April 1 of this year, James J. (J.J.) Toker failed to show up to his shift at the ABC Manufacturing Co. Later that morning, his supervisor, Bob Lawful, noticed while reading the local paper that Toker had been arrested for possession of methamphetamine and intent to distribute, both felony crimes. A clipping of the newspaper article is included. (Exhibit A)
2. ABC Manufacturing Company is a governmental contractor who provides military equipment and services for many federal agencies, including the Central Intelligence Agency and the Department of Defense. Due to the sensitive nature of the work, the government contracts state that workers must pass federal background checks and maintain security clearances.
3. Lawful immediately informed the plant manager, Jamie Colbert, of the situation involving Toker's being absent for work and his arrest.
4. On April 2, Colbert wrote a letter to Mr. Toker (Exhibit B), wherein he announced that Toker was suspended without pay until further notice because of the two felony charges against him.
5. On April 3, Mr. Eddie Jones, vice president of Local 345, filed the attached grievance (Step 1- Exhibit C).
6. On April 4, Jamie Colbert submitted the Company Response (Step 2-Exhibit D) on the grievance form.
7. On April 4, Eddie Jones, submitted the Union Response (Step 3-Exhibit D, please note it is included on the same form as Step 2) requesting arbitration.
8. The relevant portion(s) of the Collective Bargaining Agreement are also presented as Exhibit E.
9. Additionally, according to this particular Collective Bargaining Agreement, the parties have
pre-selected Arbitrator Joel W. Barnaby to hear all arbitration matters between the parties.
The CBA also allows for arbitration hearings to be conducted by briefs.
10. Because there is no live witness testimony in this matter, you can assume the following
facts:
A). A witness deposition has been held later in April with Mr. Toker, union representatives, and company representatives, including Mr. Colbert, all present;
B). Toker admits he has been charged with the two felony crimes;
C). Toker also admits that he will be unable to work often because of the pending charges
(going to court, meeting with his lawyer, etc); and
D). Mr. Colbert also testified at the deposition that ABC Manufacturing Co, has contracts
with governmental agencies (namely the CIA and Department of Defense) which require
ABC employees to maintain current federal security clearances.
11. In this particular instance, both representatives for the company and the union have agreed
to have Arbitrator Barnaby hear this matter via briefs. Also, assume that the grievance procedures were followed correctly (meaning both management and the union properly followed the steps contained in the grievance article of the CBA).
****Please review all of the documents and information above. The exhibits are located in other documents provided.
Please include the following in your individual brief:
• Names of those involved in the case;
• A statement of the issue(s) involved;
• A statement of the facts surrounding the grievance filed to arbitration (what happened to get the parties into arbitration);
• Citations of pertinent provisions of the labor agreement and discussion of those provisions and application thereof;
• A brief summary of management and union arguments (what your side seeks and what you think the other side will seek- basically whether you are management asserting that "just cause" for suspension exists and the grievance should be denied OR whether you are the union asserting that "just cause" does not exist and the grievance be upheld and the suspension should be set aside/overturned);
• A brief analysis of the evidence and arguments in relation to the contract language and whether just cause exists for suspension of Toker; think about what we've studied and all the facts and exhibits given to you;
• What your side (whether management or union) seeks as the Arbitrator's ultimate decision/award.
• Be creative and think! The facts have been purposefully presented so that good arguments by both management and the union can be made in your specific individual brief.
• Again, this assignment is written in a manner in which BOTH sides can make credible arguments. There is no difference in difficulty for either side.
• Again, I do not expect you to be labor professionals and/or labor lawyers. I'm interested in your application of the grievance and arbitration process that we've studied. However, do proofread your briefs as I will count off for grammatical, spelling and the like types of errors.