The “You Be the Arbitrator”

The “You Be the Arbitrator” discussions will present you with a scenario including (a) the facts of an actual labor relations grievance, and (b) the positions of both the management and the union. Students will play the role of arbitrator (similar to a judge) and decide the outcome of the case.

Instructions
After reviewing the assignment description, read the scenario detailing the labor relations grievance you’ll be discussing. Then, answer the three questions below.

The answer to each question should have its own dedicated paragraph, consisting of approximately 4-6 sentences each. This assignment is a writing/research exercise, so please verbalize self-created full sentences in paragraph form, and refrain from using bullet-style lists. Post your initial response by Thursday. Then, read and respond to at least two of your classmates’ posts by Sunday.

Discussion Questions
You are the arbitrator tasked with deciding this case. The question you must answer is: Was there proper cause to suspend the grievant? Explain your reasoning. As part of your response, identify the relevant language from Article 3 and/or Article 12 of the CBA that led to your decision. (Hint: this case focuses on whether the disciplinary procedures were properly followed, and not on hours worked, overtime owed, etc.)
Describe some actions that both the employer and the union could have taken to avoid this conflict. Be specific.

Sample Solution

tecting Against Birth Defects”, discussed in class, the company had policies that prohibited women without proof of infertility from working with chemicals associated with birth defects. I disagree with the policy of this company because it discriminates on the basis of gender. Although the risks associated with the children of women working around these chemicals was higher, the offspring’s of men also faced similar risks. It is unfair to have this policy in place only for women. A fair policy would have been demanding proof of infertility irrespective of gender. The company will need to protect itself from future litigations if a child was born with defects. Although the company could have clearly stated the risks involved to all employees regarding birth defects, it does not protect the company against future lawsuits by the offspring’s of these workers.

Discrimination against gender or race in any culture should be legally prohibited regardless of country or culture. When it comes to customer preference, as seen in the second case where the less qualified man was considered to be hired over the more qualified woman, the question for the company lies in who will create greater value for the shareholders? In Japanese culture, women are not typically seen as sales personnel and this could have led to a loss in sales for the company. I believe that since this isn’t a common occurrence, it wouldn’t be fair for the qualified woman to lose the opportunity for the job just due to her gender. If customers did in fact not respond well to the fact that she was a woman and the company lost sales due to this, it would be fair for the company to hire the man. In this case, I would suggest hiring both the candidates on a trial bases and the better performer should get the job. The woman would definitely have to overcome more hurdles than the man, but for the company, the bottom line would matter. A company’s duty is to its shareholders, but it cannot ignore other stakeholders in the process. I also believe that perceptions and customers preferences evolve, and hiring a woman might lead to a short term loss, but if the woman is given enough time to prove herself and change customer preferences, this could lead to the long term benefits of having a more qualified employee.

I do believe customer preferences should be considered in the hiring practice but only if it has proven effects on the economic value generated by the decision. Discrimination based on gender, race, color, sex or national origin should not be permitted anywhere in the world. Education is the key to changing customer preferences, perceptions and culture to enable people all around the world to treat every human equally. This starts with a change in mindset and I believe this will eventually be instilled in the generations to come. As Sheryl Sandberg famously said “In the future, there will be no female leaders. There will just be leaders.”

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