Grievance Arbitration Award Facts: briefly summarize the statement of facts; Issues: set out the...

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Grievance Arbitration Award Facts: briefly summarize the statement of facts; Issues: set out the issues in dispute; Disposition of the Issues: set out the panel’s decision on how the dispute will be...

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Grievance Arbitration Award

Facts: briefly summarize the statement of facts;
Issues: set out the issues in dispute;
Disposition of the Issues: set out the panel’s decision on how the dispute will be decided, with reasons
Remedy: set out the remedy awarded, with reasons

Evaluation of Arbitration Award
The arbitration awards will be assessed on the following criteria:

Analysis of the problem/ issue
Ability to express arguments clearly and logically
Ability to apply principles of arbitration

The Case:
EASTERN UTILITY COMPANY: Background

The employer and the union agreed on the following statement of fact.
The grievors were classified as linemen and were sent on a special assignment in April, 20XX, in the Pembroke Sound area approximately 60 miles from their home location. The assignment involved working on a project to upgrade customer service in rural areas. When in Pembroke Sound, the grievors’ traveling and living expenses were paid by the employer. During the night of April XXXXXXXXXX, the grievors caused damage to a Police cruiser by kicking one of its doors, kicking in the trunk, and twisting and bending signal lights. The cruiser was parked behind other cars on a service station lot on one of the principal streets in Pembroke Sound.
At the time in question, the grievors were off duty and were not wearing any uniform clothing supplied by the employer that would identify them with the employer, nor were they operating any vehicles owned by the company. As a result of the incident, the grievors were arrested, taken into custody by the Pembroke Sound police, and charged with criminal offences. The grievors were scheduled to report for work on the morning of April 27 but did not do so as they were in police custody from the time they were arrested until 1:30p.m. on April 27.
Later in the afternoon of April 27, the grievors were suspended by a company official pending further investigation of the incident. Following a meeting on May 1 between management and the grievors at which the grievors admitted responsibility for the incident, the grievors were suspended for five working days.
The incident received news coverage by radio, television, and newspaper over about a 100-mile radius. However, the name of the employer was not mentioned. Several charges were laid against the grievors, which were subsequently dropped after the grievors paid for the damage to the police cruiser. After the suspensions, the employees were reassigned to the project on which they had been working at the time of the incident.

005_2elcpk-0clxhmbw.docx

Answered Same Day Dec 23, 2021

David · Accepted Answer

Arbitration Award
Running Head: ARBITRATION AWARD
1
PAGE  
2
ARBITRATION AWARD
Arbitration Award
Name
Institution
Arbitration Award
In the matter of the Arbitration between Eastern Utility company employee union (Grievers) vs. Eastern Utility Company (Respondent)
Statement of Facts
The grievers who worked as linemen for Eastern Utility Company, were on a one month special assignment in a rural town of Pembroke Sound on April 20, 2012. Their mission was to upgrade the customer service provision within this area. During the period of the assignment, the company provided the grievers with company equipments and attires that identified them as employees of the company and further paid for all living and travelling expenses of the grievers during their work period. 
On the night of April 26-27th, the grievers caused a public disturbance and damage to public property where they kicked the door and trunk of a police cruiser and further destroyed its signal lights. During this incident, the grievers did not adorn any company attires and neither were they using any company vehicle. The two grievers were arrested and charged with criminal offences for causing damage to the police car. Due to this incident, the two could not report to work on April 27th morning hours, and were only released from police custody after 1.30 pm when they agreed to pay for the damages done to the cruiser. The two were therefore suspended on the afternoon of April 27th pending further investigation.
Upon investigation conducted on May 1st where the two took responsibility for the incident, the grievers were suspended from work for five days. The local media covered the incident, but did not though, talk about the name of the employer in the coverage. After the suspension period, the grievers were assigned back to the project in the positions they were working on. 
Issues in Dispute
The issues in this case are relatively clear. The grievers allege that during the disorderly conduct incident, they were off duty and were not wearing any company attire or operating any company vehicle that would have linked them to the company. Hence, they note that the company’s reputation was not affected since the employees could not be identified with the company. Furthermore, the local media, which covered the incident, did not mention the employees in their coverage. In addition, the employees could not report to work as they were in police custody and could not have done much to report to work.
Hence the remedy requested by the Union is that the five day suspension is too harsh, and that the employees should either not be suspended or be suspended for a maximum of two days and not more. 
The employer responded to the grievance noting that the employees violated their terms of contract in a number of ways. First they violated their terms of contract by not reporting to work on the morning of April 27th.

Grievance Arbitration Award Facts: briefly summarize the statement of facts; Issues: set out the issues in dispute; Disposition of the Issues: set out the panel’s decision on how the dispute will be...

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