INSTRUCTIONS You will be provided with the details of an actual grievance case t

INSTRUCTIONS

You will be provided with the details of an actual grievance case that could not be decided by management and union representatives. Therefore, the case has been referred to an arbitrator to make a “final and binding” decision both parties have agreed to accept. Students will play the role of an arbitrator (judge) and carefully read the facts, relevant section(s) of the collective bargaining agreement (CBA), and the positions of the parties. Then, you will answer some discussion questions.

Part of the discussion asks you to render a decision as a neutral, third-party arbitrator. This is often referred to as an “award and opinion.”

Arbitrator decisions contain two parts. The first part involves an “award” that one side has asked for, but the other side hasn’t agreed to. For example, in cases involving a terminated employee, the union may ask that the employee be reinstated and given back pay equal to the pay they missed. The award might or might not grant one or both requests. The second part is an “opinion.” This is a statement explaining the rationale behind the award, often citing critical facts of the case, a position of one of the parties, or even common sense. However, it should not simply be a personal opinion.

To determine the award and opinion, you should look first to the relevant section(s) of the collective bargaining agreement (CBA), which will be provided in the discussion prompt. The language of the CBA is the most important factor to be considered by an arbitrator. If the CBA language does not enable the arbitrator to make a decision, then they should examine the facts and other evidence from the case, past practices (what actions were taken in similar cases), relevant facts from past negotiations, and common industry practice to reach a decision.

Other aspects of the discussion will ask you to (a) identify the key sections, phrases, or words from the CBA that were critical in making your decision, and (b) explain what actions the employer and/or the union might have taken to avoid this conflict.

The keys to making good arbitration decisions include: (1) remain objective – set aside any feelings about unions and management, (2) use the language of the CBA for direction – if it’s vague or if two sections conflict, consider what was the likely intention of the negotiators, (3) consider past practice – the lack of consistency compared to similar cases may be significant, and (4) does the penalty equal the offense? In some cases, guilt is not the issue, but rather, was the penalty equal to the level of the offense?

Answer the following questions, THE DOCUMENT YOU NEED TO READ IS ATTACHED BELOW

1. You are the arbitrator tasked with deciding this case. The question you must answer is: Did the employer violate the provisions of the collective bargaining agreement (CBA) when it denied bereavement leave to the grievant? Explain your reasoning. As part of your response, identify the relevant language from Article 23 of the CBA that led to your decision. (Hint: remember you are a neutral third-party and your primary responsibility is to interpret the language of the CBA)
2. Describe some actions that both the employer and the union could have taken to avoid this conflict. Be specific.