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An employee is given a one-day suspension for repeated lateness and the case reaches arbitration. On which ground might the arbitrator overturn the discipline?
AThe employee had already served a suspension last year
BThe attendance record for the month was not kept accurately
CThe supervisor is not a member of the bargaining unit
DThe union president had objected to it at the hearing
Answer & Solution
Correct answer: B. The attendance record for the month was not kept accurately
1. The grievance claims that management has violated part of the contract in disciplining the employee.
2. The arbitrator reviews the grievance at a hearing and then decides it.
3. Discipline for lateness rests entirely on the record of when the employee arrived.
4. If the firm did not maintain that attendance record accurately, the factual basis for the suspension collapses.
5. The arbitrator may therefore rule that the discipline was improperly made and overturn it.
6. Options A and D describe things that do not bear on whether the contract was violated, and option C is irrelevant because supervisors are outside the bargaining unit in every case.
_Source: OpenStax Introduction to Business (CC BY 4.0), Ch 8 "Managing Human Resources and Labor Relations", section Grievance Handling and Arbitration_
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