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- SIMULATION CONTRACT TERMS BETWEEN THE UNION AND THE COMPANY ARTICLE III MANAGEMENT RIGHTS Section 1. Except as set forth in this agreement, management has and will retain the right and authority to manage the facility; direct the working forces, including the right to hire, suspend, discharge, promote, demote or transfer its employees for just cause; establish shifts as found necessary; and make such rules relative to operations as it shall deem advisable. Section 2. Any of the rights, powers or authority that management had prior to the signing of this agreement are retained by managment, except those specifically abridged, deleted, granted, or modified by this agreement, and any supplementary agreements that may thereafter be made. ARTICLE VIII DISCIPLINE AND DISCHARGE Section 1. Full authority of discipline and discharge rests with management. However, it is agreed that this authority shall be exercised with justice and with due respect for the reasonable rights of employees Section 2. Management agrees that they will follow the principles of corrective discipline with respect to minor offenses; that is, a written warning for the first offense, disciplinary layoff for the second, and discharge for the third offense. Copies of all warnings shall be provided to the employee and to the union. Management shall give notice to the union of all disciplinary layoffs. Disputes over such disciplinary actions shall be subject to the grievance procedure. Section 3. Any written warnings given pursuant to Section 2 of this article shall have no force and effect after nine (9) months from the date of warning. Section 4. Discharge shall be for good cause and in accordance with Section 4 of the grievance procedure (Article XIII). Disputes over discharge shall be initiated as a step 3 grievance within five (5) working days of the date of discharge. ARTICLE X ASSIGNMENTS Section 1. Temporary assignments of work (not to exceed 30 working days in duration) may be made by management. Except when emergencies and special job qualifications require otherwise, such assignments will be made on the basis of seniority. ARTICLE XIII GRIEVANCE PROCEDURE Section 1. Definition of a Grievance A grievance is a difference or dispute between the parties concerning the application, meaning or interpretation of the express terms of this agreement, unless otherwise specifically excluded. Section 2: Grievance Form Written grievances shall be submitted only on the approved grievance form and shall include the following information: (a) A statement of the grievance and the facts involved. (b) The Article and Section of the Agreement allegedly violated. (c) The remedy requested. (d) Signature of the employee and/or steward. Section 3: Grievance Steps All grievances, except those involving discharge, shall be settled in the following manner: Step 1. Except as provided in Section 4 of this Article, the aggrieved employee, who may, at his option, be represented by a union steward, shall present the facts to the appropriate supervisor either orally or in writing within 10 working days of the date on which the grievance arose, or within 10 working days of the date the employee became aware of the grievance. The supervisor shall render a decision to the employee and the union representative within 5 working days from the date the grievance was presented. Step 2. If the grievance is not resolved in Step 1, the employee and the steward may present it to the department manager within 10 working days of the Step 1 reply. The department manager shall investigate the facts and shall render the decision to the employee and the steward in writing within 5 working days from the day the grievance was submitted. Step 3. If the grievance is not resolved in Step 2, the employee or the union representative may, within 5 working days following receipt of the department manager’s reply, submit the grievance to the Director of Personnel. A meeting shall be held within 5 working days of the date of that submission and shall be attended by the Director of Personnel, the steward, the aggrieved party and such other persons as the Director of Personnel and the Union shall require. The Personnel Director shall give a written answer to the Union President within 5 working days of the date of the meeting. Step 4. If the Union is not satisfied with the reply of the Director of Personnel, the Union shall submit a demand for arbitration to the Director of Personnel within 30 workings days of such reply. Section 4: Procedure in Cases of Discharge No employee shall be summarily discharged. If a supervisor considers the conduct of an employee merits discharge, he may suspend such employee for not more than 5 working days during which time a hearing shall be held commencing with Step 3 above. The notice of suspension pending discharge shall be in writing and shall include: (a) Date and time, if relevant, of the offense. (b) Reasons for discharge. (c) Signature of supervisor taking the action. If, upon investigation, the decision to discharge is reversed or modified, the employee shall be returned to his normal duties and made whole for lost wages, if appropriate. If Company representatives determine the discharge shall be sustained, theUnionmay appeal the decision as outlined in Step 4 above. Section 5: Arbitration If the parties cannot agree on the selection of an arbitrator within 10 working days following such notice, they shall, by joint letter, solicit names of a panel of arbitrators from the American Arbitration Association. The parties shall be bound by the rules and procedures of the American Arbitration Association. In rendering the decision the arbitrator shall be limited to interpreting or applying the express terms of the agreement and shall not have the power to modify, amend or delete any terms or provisions thereof. The decision of the arbitrator shall be final and binding, and the terms of the award shall be carried out as soon thereafter as practicable. Failure of either party to insist upon compliance with any provisions of this agreement at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same. Expenses for the arbitrator’s service in the proceedings shall be borne equally by the employer and the union, provided, however, that each party shall be responsible for compensating its own witnesses. If either party desires a transcript of the proceedings it may cause such a record to be made, but shall solely bear the cost thereof, unless the transcript is taken by mutual agreement. Each party shall be responsible for providing its own copy. In the event the arbitrator requires a verbatim record of the proceedings, the cost of the original transcript shall be borne equally by both parties. Section 6: Grievance Rights of the Employer Nothing in this article is intended to prohibit the employer from processing a grievance through the grievance procedure up to and including arbitration. A CASE OF INSUBORDINATION Joe Kasko had been employed at Uptown Electric for thirty years. He began as a machinist apprentice and has now reached the level of senior machinist, which carries with it the top level of pay for line personnel. Although Joe’s evaluations reveal him generally to be a good worker and dependable employee, he has become a frustrated guy in a number of ways. For instance, despite his seniority, Joe is not a foreman. He was tried in that position a few times but just didn’t seem to fit. This seems to have made him resentful. Uptown Electric is a union shop and when the union was being organized, Joe was one of its most active supporters. He was elected shop steward, but even this leadership role was short lived. Fellow workers found Joe too rigid and authoritarian and felt he was downright cynical. He served only one term as shop steward. Lately, it seems that Joe must be handled with kid gloves. He seems to believe that the company owes him something for his long years of service. He also feels that theUnionis not always helping him to get the attention he deserves from the company. Joe has had his share of disciplinary problems over the years, and has received a few warnings and two or three short suspensions. As of now, however, there are no outstanding disciplinary actions in his file. On Monday, April 11 at ten o’clock, Steve Ramage, foreman of Joe’s section, noticed that he had not returned from his fifteen minute break, which had begun at nine thirty. Ramage found Joe in the employee lounge, smoking a cigarette. The lounge was a no smoking area. Ramage told him to put out the cigarette immediately and to get back to work. Joe answered with an obscenity and told the foreman he would go back when he had finished his cigarette. An argument ensued in which the foreman warned Joe that he would be disciplined if he failed to follow orders. Joe continued to resist and, as a result was immediately suspended without pay for the remainder of the day. Joe was advised to report to his foreman’s office at nine the next morning. When he did so, the foreman’s superior was present and the suspension was extended for three additional days. Joe filed an immediate grievance and union and company officials worked unsuccessfully to resolve the matter. The company contended that Joe Kasko had been insubordinate and that the union contract gave them the right to discipline employees. The union argued that the action did not conform to the disciplinary process that was outlined in the contract and that the resulting penalty was too harsh. Question: Since the parties are at an impasse, you have been called to arbitrate the matter. Consider the available evidence in the case, the positions of the two parties and the union contract (attached). Please rule on the grievance, citing specific reasons why you have reached such a decision. The answer needs to be detailed and specific. It needs to cover on organized labor and Contracts are all individual, but most contain five basic elements which are Unit Definition and Union Recognition , Wages and Benefits , Working Conditions. , Job Security , and Grievance Procedure.