I have two questions. Each must be at least 300 words in length.
How does an arbitrator determine that a company had just cause for taking a disciplinary action? What remedy might an arbitrator choose if a company did not have just cause? Will the process be different if the organization does not have union representation? If so how? (300 words)
By what means can collective bargaining agreements be enforced? Discuss the five principles that govern the arbitration of grievances under collective bargaining. What measures are utilized in non-union environments? (300 words)
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Question 1
An arbitrator determines that a company had cause for deciding to take disciplinary action through seven tests. A “no” response to these seven questions shows that the company took action without just cause. The first test is whether the worker was given an earlier warning as to whether the behavior would or could end in a disciplinary case. The second is whether the order related reasonably to the efficient and safe operation of the business. The third question is whether the employer tried to examine if the worker did, in any way violate a management’s order.
(686 words)