Possible things that david would have to prove

Assignment Help HR Management
Reference no: EM133182011

Consider a case in which David, a union member, has been fired from his job on a production line in a factory.

He was terminated after he mistakenly dropped a wrench into some machinery which caused the machinery to malfunction and for the production line to be shut down for a full hour, which cost the company approximately $250,000 in lost production.

David has worked at this workplace for 20 years. He was given a warning letter ten years ago regarding a minor incident of insubordination, but otherwise his work record is good with no other discipline.

The department manager indicates in David's termination letter the following: "Due to both this incident of poor work performance and your employment record, we have determined the company has just cause to end your employment as of 5 PM today. Please turn in your employee pass card at 5 PM at the end of your shift and report to the manager's office."

David's union grieves his termination as a violation of the collective agreement's requirement that discipline and discharge must be for just cause. During the grievance procedure, the grievance remains unresolved with neither the union nor the employer shifting its position.

After the third step grievance meeting, the union decides against referring David's grievance to arbitration.

David disagrees with his union's decision and asks the union to reconsider its decision. He asks the union to change its decision and to take his case to an arbitrator. The union declines to do so.

You are a labour lawyer and David has contacted you in order to seek your advice about how he can get his grievance heard by an arbitrator even if his union has declined to advance it to arbitration.

There are a number of things that, if David could prove one or more of them, could mean that his union would have to reverse its decision and take his case to arbitration.

What are those possible things that David would have to prove? Fully explain them. And to what body or organization would David have to prove these possible things?

Reference no: EM133182011

Questions Cloud

Case study-think it through-no dates allowed : STEP #1: Read the case "Think It Through: No Dates Allowed" and review the resources followed:
Carol tips and tricks : Ron Abrams, VP Operations for Wilson Bros. has come wandering into your office muttering under his breath (clearly exasperated) after reading the financial stat
Construct a substantial essay on the topic compensation : Construct a substantial essay on the topic "compensation". Be sure to discuss what compensation is, the types, its importance to employers and employees or orga
Describe the similarity-attraction phenomenon : Question 1: This question has two parts; be sure to answer them in separate paragraphs.
Possible things that david would have to prove : Consider a case in which David, a union member, has been fired from his job on a production line in a factory.
Outbound and inbound marketing communications activities : A product's promotional mix often includes outbound and inbound marketing communications activities.
Does the duty to bargain preclude unilateral wage increases : After reading the assignment, answer the Questions at the end of the Case Study. Elaborate on your replies. Succinct but substantive comments are graded on over
Compare and contrast the labour force in uk and usa : Compare and contrast the labour force in UK and USA. In doing so also discuss the similarities and main differences in their labour force history, labour force
Employment relations environment : "Managers are part of the employment relations environment. Their associations represent their interests." Describe the role of employer associations and giv

Reviews

Write a Review

HR Management Questions & Answers

  Improve problem solving capabilities within organization

Types of teams as to their effectiveness that will improve problem solving capabilities within organizations.

  Influence tactics help in reducing organizations politics

Explain the different types of influence tactics that will be of a help “if adopted” in reducing the organizational politics.

  Report on citigroup''s hr service level agreement

Human Resources or Human Resource Management deals with HR Service Level Agreement. HR Service Level Agreement is an agreement made between the employer and the employee, which states that the employee would work under any client and sometimes any ti..

  A project report on hrm

Human Resource Management as the name suggests, it is a management discipline which deals with the human i.e. the workforce aspect of organizations. Need and practices of HRM are inevitable in present scenario of extreme competition where "Talent War..

  Hrp: recruitment and selection

Recruitment and Selection is the initial ladder of any Human Resource Planning process and contains an immense significance for any organisation.

  A project report on study of statutory complainces

Statutory compliance and its immense knowledge are crucial to be understood in an organization. It contains all the forms, procedures and acts applicable in a company.

  Operant conditioning and Reinforcement

Operant conditioning is a learning process where behaviour is controlled by its consequences. In this process an individual's behaviour can be modified through the use of positive or negative reinforcement.

  Effectiveness of training programs in achieving customers an

The main motive for conducting this research is to provide broad range of research of the literature and their reviews related to training and development and assisting the employees in providing customers satisfaction.

  A critical analysis of hr processes and practices in fedex c

FedEx is illustrious for its novel HR processes and practices that have greatly accounted for its success.

  Integrating culture and diversity in decision making

People in the organization are known as Google where they share common goals and have common vision.

  Impact of employee attrition on people management in organis

Talent management implies recognizing a person's inherent skills, traits, personality and offering him a matching job.

  Labour dissonance at maruti suzuki india limited: a case stu

This Case Study focuses on various issues related to Labour Unrest at Maruti Suzuki India Limited.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd