Grievance Arbitration Award
a.
Facts: briefly summarize the statement
of facts;
b.
Issues: set out the issues in dispute;
c.
Disposition of the Issues: set out the
panel’s decision on how the dispute will be decided, with reasons
d.
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:
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 26 – 27, 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.