Collective bargaining agreements contain a grievance-arbitration procedure whereby the parties can settle any disputes that may arise under the collective bargaining agreement without resorting to the courts.An arbitrator is chosen by both parties and paid for by both parties. Advantages of arbitration include choosing an individual who is knowledgeable about labor relations and has the confidence of the parties, more expeditious and less expensive.
For the final exam, you will be provided a labor arbitration transcript regarding a twenty-day suspension given to a public school librarian.The transcript is a verbatim account of an arbitration hearing.Please be advised that all names, towns, schools, etc. have been changed.
Before any arbitration hearing, the parties decide on the issue that the arbitrator must decide.For this arbitration hearing, the issue you will be deciding 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 using the principles of just cause, decide whether to uphold the twenty day suspension, or, decide on an alternative discipline (lower suspension, written warning), or no discipline.In no more than five (5) pages, no less than 1.5 spacing, you must explain your decision.Please be advised that an arbitrator cannot give greater discipline, therefore, you cannot terminate Ms. Swenson or decide on a suspension greater than twenty days.
Also, you must provide one (1) human resources recommendation to the School Committee that would improve their policies or practices, as described in the transcript, that will help them avoid this situation 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 standpoint.
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