You Be The Judge

[Turkeytop]

Grievor – Male, age 28

Job Title – Machine Operator

Seniority – 7 Years

Rate of Pay - $24/hr

Employee Record – Long history of discipline for attendance issues

Nature of grievance – Improper Discharge

Remedy Sought – Reinstatement with full redress

The Company employs 60 people at its machine shop. In the past four months the grievor was given a verbal warning, a written warning, a one-day suspension, a three-day suspension and a five-day suspension all for unauthorized absences.

Following the three-day suspension, the Company decided that an unpaid suspension was not a viable deterrent for someone who wants time off anyway. At the next absence they issued a five-day, paid, working suspension. His record would reflect a five-day suspension, which is about the final discipline before discharge. The employee would remain on the job with no loss of pay.

The employee took the next five days off, saying that if he was being suspended, he was entitled to the time off.

When he returned to work following the suspension the Company fired him for unauthorized absence.

The Union filed a grievance.

Does the grievance succeed?

[Mega Hertz]

What were the reasons for attendance issues?

[Rate This]

Grievor – Male, age 28

Job Title – Machine Operator

Seniority – 7 Years

Rate of Pay - $24/hr

Employee Record – Long history of discipline for attendance issues

Nature of grievance – Improper Discharge

Remedy Sought – Reinstatement with full redress

The Company employs 60 people at its machine shop. In the past four months the grievor was given a verbal warning, a written warning, a one-day suspension, a three-day suspension and a five-day suspension all for unauthorized absences.

Following the three-day suspension, the Company decided that an unpaid suspension was not a viable deterrent for someone who wants time off anyway. At the next absence they issued a five-day, paid, working suspension. His record would reflect a five-day suspension, which is about the final discipline before discharge. The employee would remain on the job with no loss of pay.

The employee took the next five days off, saying that if he was being suspended, he was entitled to the time off.

When he returned to work following the suspension the Company fired him for unauthorized absence.

The Union filed a grievance.

Does the grievance succeed?

No. If the fool can't come to work.... he gone.

[Turkeytop]

What were the reasons for attendance issues?

Many of his absences were Mondays or Fridays. That often suggests a drinking problem. If an employee admits that alcoholism is impacting his working life, The Union and the Employer have a legal obligation to try and get him help. But the employee has to ask for help.

This guy denied having a drinking problem.

[Matt]

What were the reasons for attendance issues?

Many of his absences were Mondays or Fridays. That often suggests a drinking problem. If an employee admits that alcoholism is impacting his working life, The Union and the Employer have a legal obligation to try and get him help. But the employee has to ask for help.

This guy denied having a drinking problem.

No, it doesn't. It indicates that someone is fond of a long weekend.

[Turkeytop]

Up until I met with the Company, I had only heard the grievor's side of the story. In meeting with the Company, I learned the rest of the story.

The Company and the Union there have a long standing practice of trying to resolve grievances through mediation instead of arbitration. It saves both parties money and, if successful, results in a settlement satifactory to both sides.

The mediator is an independent third party. He meets seperately with the Company and the Union and tries to work out a settlement. He can't compel either party to accept anything but if he can get an agreement between the parties, everyone signs off on a legally binding agreement.

He visits the plant about six times a year and they deal with all the outstanding grievances. It happened he was scheduled to visit the plant the following week, so we added this grievance to the stack.

After meeting with the Company he came back and relayed to us the Company's proposal. They said they could change the grievor's record to indicate resignation instead of discharge. They would give him a neutral letter of reference.

I recommended to the grievor that he accept it. If his case went to Arbitration and he lost, his record of discharge would haunt him for the rest of his working life. After considering it, he said he would accept it but he wanted to be paid for the five days he was off. The mediator told him if he had wanted to be paid for those days he should have worked them. But he said he would take the proposal to the Company. He came back a short time later with the Company's counter-proposal. They said they would agree to give him one day's pay. The mediator and I both recommended that he accept it and he did.