Related questions
Question
Transcribed Image Text:**Case Study: Employee Termination and Arbitration Outcome**
**Scenario:**
An employee was terminated for smoking in a no-smoking area. The union claimed that he should be reinstated because the company failed to follow due process procedures. When the company and the union could not agree, this case was referred to arbitration, and the arbitrator ruled in favor of the employee.
**Question:**
How should the company respond?
**Options and Feedback:**
1. **Option:** The company should reinstate the employee and follow due process in the future.
- **Feedback:**
2. **Option:** The company should appeal the case to the district court.
- **Feedback:**
3. **Option:** The company should request a hearing by a three-member panel of administrative law judges.
- **Feedback:**
4. **Option:** The company should appeal the case to the NLRB.
- **Feedback:**
Expert Solution
This question has been solved!
Explore an expertly crafted, step-by-step solution for a thorough understanding of key concepts.
Step by stepSolved in 3 steps
Knowledge Booster
Similar questions
- The Case of Baylor University Patty Crawford, the Title IX coordinator at Baylor from November 2014 to October 2016, was hired to coordinate the institution’s Title IX compliance when this case took place (Baylor University, n.d.). Like all Title IX coordinators, Crawford’s role was a comprehensive administrative role that bears the responsibility of ensuring that campuses prevent and respond to gender discrimination, including sexual misconduct. This role spans duties related to grievance process management, victim assistance, organization management, and climate management (Lake, 2017). In addition to managing the institution’s compliance, Title IX coordinators also craft comprehensive training and awareness strategies to ensure students, employees, and other campus stakeholders are aware of how to identify and report sexual misconduct and what resources are available to students regardless of whether they choose to proceed with the grievance process. Crawford alleged that she was…arrow_forwardCEO terminated Linda and terminated five childcare workers, resulting in a violation of the state law regulating ratio requirements. Linda's employer did not give her a reason why she was fired. Linda worked for the corporation for 10 years and consistently had very high scores on her performance reviews before her termination. Linda did not have an employment contract. What are examples of the causes of action that Linda could bring against her former employer and the potential outcomes?arrow_forwardThe manager of BP Petroleum Company limited is seeking police protection for the duration of a strike, called by the Trade Union, who are protesting for increases in emoluments for their members- employees of BP. The Police suggested that a mobile patrol would be adequate, but the HR manager of BP insisted on permanent police presence, because of pending lawlessness by strikers. The manager then offered to compensate the Police, if they agree on a permanent Police presence on site, during the strike period.The Police agreed to provide 10 officers at a rate of $500 per day, per officer, which they will maintain during the entire strike period. BP later agreed with the Trade Union’s demand for increase emoluments and the strike was called off after 5 days. The Commissioner of Police within a week sent an invoice to BP for the 5 days that the Police provided protection. However, BP refused to pay, and argued that the Police are under a duty to protect the company from any pending…arrow_forward
- Which of the following health policy provisions states that the producer does NOT have the authority to change the policy or wave any of its provisions? O A Time Limit on Certain Defenses OB. OC OD. Reinstatement Entire Contract Change of Beneficiary MM QUATE Ahiler 372-256-906arrow_forwardAnswer the following TRUE/FALSE questions:Redundancy is a form of dismissal The Data Protection Act 2018 applies to computer-based and electronically stored information systems onlyAn employee has a statutory right not to be unfairly dismissed under the Employment Rights Act 1996Common Law imposes a duty on an employer not to pass confidential information to a third party about his employeeA wrongful dismissal will occur by a breach of the employment contractUnder the Data Protection Act 2018, a claim for damages for distress can be made for data breachBiometric and genetic data, are covered under the GDPR 2016arrow_forwardEmployee, a Muslim, is a management trainee at an airport car rental office. As part of her religious practice, employee wears a hijab (headscarf). She is told by her supervisor that the hijab does not match the uniforms she is required to wear, so she must stop wearing them or be transferred to another position with less customer interaction. Employee was later terminated as part of a company cutback. She sues for religious discrimination. Does she win? Explain.arrow_forward
- A bargaining representative election was held in Smith Electronic Company against the will of the employer. The employer threatened to terminate those employees who cast their vote during representative election. In this situation, the employer has violated: administrative regulations. the contract bar rule. the silent period. the forty-eight-hour rule.arrow_forwardFurther in 1949, Congress amended the Fair Labor Standards Act (which regulates overtime) to read, “the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or the end of each workday.”This law excluded “changing clothes” from compensable time, but is also specifically allowed collective bargaining agreements to specify that such time to be paid.Analyze the case in light of these two relevant laws. What characteristics or qualities should a practitioner look for in selecting a mediator to help resolve a labor dispute? What are some potential costs or risks parties face during a work stoppage?arrow_forwardBriefly explain dismissal and the grounds for dismissal according to canadian law. Can you think of any relevant Canadian case law?arrow_forward
- An economic strike involves a dispute over wages, benefits and other conditions of employment True Falsearrow_forwardIn order to prove disparate treatment employment discrimination under Title VII, what is the first showing a plaintiff must make? Multiple Choice The plaintiff would provde beyond a reasonable doubt that discrimination occured. The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext. The plaintiff would demonstrate a prima facie case of discrimination. The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused. The plaintiff would show that other people were also being discrirminated against.arrow_forwardOrdinarily, an inquiry into or regarding occupational health and safety incidents breaches is a formal, public proceeding presided over by an inspector or the chief inspector. However, the presiding officer has the right to remove anyone whose presence he/she deems undesirable or against public interest. (i) Who are the persons with interest and therefore illegible to be present in the inquiry? (ii) An employer and a majority trade union have entered into a collective agreement which exempts an employer for the occupational health and safety breaches. Discuss the lawfulness of this agreement. (iii) Define the term 'major incident'. €€ (iv) Distinguish between a 'mine not being worked' and a 'mine being worked'.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios