Arbitration Brief For Grievance Action

Steel Workers Union Arbitrator: Saeed

and Case #:

This brief is being submitted by the Mills Steel Company. The brief is submitted in relation to the following issue filed as a grievance by the Steel Workers Union: "Shall Joe Hosco's employment with Mills Steel company be reinstated?" The clause of the union-management labor contract applicable to the resolution of the issue in question is Article 4 of the collective bargaining agreement. Sub-sections 4.01 and 4.02 are particularly relevant to the resolution of the issue in question.

Joe Hosco, in a fit of pique, threw an 18 inch long steel bar over his shoulder without first ascertaining that such action could be performed without injury to any person and without damage to any property. The bar struck another Mills Steel Company employee, inflicting serious injury (a fractured skull) on said employee in the process. The employment of Joe Hosco with Mills Steel Company was terminated just cause immediately by company supervisor on duty at the time of the occurrence of the incident. Joe Hosco then sought assistance from Local 1000, Steel Workers Union, through the union shop steward. Consultation between the shop steward and the supervisor who terminated Hosco's employment did not result in Hosco's reinstatement, and Local 1000 subseq

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n of formal and published safety regulations governing activities on the shop floors of Mills Steel Company production facilities. Thus, the action taken by the company supervisor to immediately terminate the employment of Hosco at the time of the commission of the action in question by Hosco was fully consistent with the company's responsibility under Article 4, sub-section 4.01 of the collective bargaining agreement between Local 1000, Steel Workers Union and Mills Steel Company to conduct a successful and efficient operation of the business, and was fully consistent with sub-section 4.02 of the collective bargaining agreement acknowledging that the Mills Steel Company retains the right to discipline and discharge employees at the company's discretion in so far as such actions do not violate the terms of the collective bargaining agreement. The development of policies and programs to deal with safety in the work place involves issues that affect the rights and responsibilities of management, union, and individual workers. While the company is not permitted to act unfairly or in breech of the collective bargaining agreement in the development, implementation, and enforcement of safety policies and rules, neither the Steel Work

Category: Government - A