Reference no: EM133097829
You are the newly hired HR Manager of a manufacturing company. The plant's top manager wants to terminate a union employee for stealing company property (taking company tools home to work on a home project). After reading the information provided below, please analyze the case and determine whether you would or would not recommend the termination of the employee, or recommend to the plant manager some other action.
Here is additional information to help you analyze this case:
-The employee has 9 years of seniority.
-The CBA wording: Article I- Management Rights: an employee can be disciplined/terminated only for just cause
-There is no reference in any company document warning employees about taking tools home. There is a rule against stealing.
-You will be the only person to investigate this situation since the employee's supervisor suffered a stroke and he/she is not expected to return to work.
-The employee brought the tools back to the company on his/her own volition. The employee used the tools for four days. The tools originally cost the company over $1,000.
-When questioned by you, he/she admitted to taking the tools and not getting management's permission to do so.
-The employee received a tardiness suspension 6 month's ago and a poor work performance written warning 12 months ago. The employee did not file a grievance over either disciplinary action.
-Another union employee admitted to taking and returning tools from work two years ago. No one in management knew about it until this situation developed. The two employees ride-share to work.
-One year ago, a 3rd. shift employee with 20 years of seniority was terminated for stealing money from the cafeteria's vending machines. The union lost that termination case in arbitration.
-The grievant's sister is the local union's grievance committee chairperson.
-If you arbitrate this case you will have to present the case to arbitration since the plant manager does not want to pay attorney fees to outside counsel.
Fully explain your reasoning and recommendation to the plant manager about what to do with this employee? You will be making the recommendation before the union or the company has declared they want to go to arbitration.