Employment and labour law
Collective bargain" rel="nofollow">inin" rel="nofollow">ing agreements contain" rel="nofollow">in a grievance-arbitration procedure whereby
the parties can settle any disputes that may arise under the collective bargain" rel="nofollow">inin" rel="nofollow">ing
agreement without resortin" rel="nofollow">ing to the courts. An arbitrator is chosen by both parties and
paid for by both parties. Advantages of arbitration in" rel="nofollow">include choosin" rel="nofollow">ing an in" rel="nofollow">individual who
is knowledgeable about labor relations and has the confidence of the parties, more
expeditious and less expensive.
You will be provided a labor arbitration transcript regardin" rel="nofollow">ing a twenty-day suspension
given to a public school librarian. The transcript is a verbatim account of an
arbitration hearin" rel="nofollow">ing. Please be advised that all names, towns, schools, etc. have been
changed.
Before any arbitration hearin" rel="nofollow">ing, the parties decide on the issue that the arbitrator must
decide. For this arbitration hearin" rel="nofollow">ing, the issue you will be decidin" rel="nofollow">ing is:
ISSUE: DID THE SCHOOL COMMITTEE HAVE JUST CAUSE TO
SUSPEND ANN MARIE SWENSON FOR TWENTY (20) DAYS? IF NOT,
WHAT SHALL BE THE REMEDY?
As an arbitrator, the assignment is to read through the transcript, and usin" rel="nofollow">ing the
prin" rel="nofollow">inciples of just cause, decide whether to uphold the twenty day suspension, or,
decide on an alternative disciplin" rel="nofollow">ine (lower suspension, written warnin" rel="nofollow">ing), or no
disciplin" rel="nofollow">ine.
In no more than five (5) pages, no less than 2.0 spacin" rel="nofollow">ing, you must explain" rel="nofollow">in your
decision.Be advised that an arbitrator cannot give greater disciplin" rel="nofollow">ine, therefore,
you cannot termin" rel="nofollow">inate Ms. Swenson or decide on a suspension greater than twenty
days.
provide one (1) human resources recommendation to the School
Committee that would improve their policies or practices, as described in" rel="nofollow">in the
transcript, that will help them avoid this situation in" rel="nofollow">in the future. Even if you decide
that the School Committee acted appropriately, and the twenty day suspension was
just, there may still be areas to improve from a human resources management
standpoin" rel="nofollow">int