At the arbitration hearing, both parties were adamant in their positions. Nancy Huang, HR manager of Phoenix Semiconductor, argued that the grievant, Jesse Stansky, was justly terminated for arguing and hitting a coworker—a direct violation of company policy and the employee handbook. Stansky argued that he had been a good employee during his 10 years of employment.
The submission agreement governing the case read, “It is the employer’s position that just cause existed for the discharge of Mr. Jesse Stansky and the penalty was appropriate for the offense committed.” Additionally, the employer introduced into evidence the labor agreement, which defined just cause termination as follows:
Stansky was hired as a systems technician on November 20, 1998, a position he held until his termination on October 25, 2011. According to the testimony of Huang, Phoenix Semiconductor strived to maintain a positive and cordial work environment among its employees. Fighting on the job was strictly prohibited. Stansky’s performance evaluation showed him to be an average employee, although he had received several disciplinary warnings for poor attendance and one three-day suspension for a “systems control error.” Stansky was generally liked by his coworkers, and several testified on his behalf at the arbitration hearing.
The termination of Stansky concerned an altercation between himself and Gary Lindekin, another systems technician. According to witnesses to the incident, both Stansky and Lindekin became visibly upset over the correct way to calibrate a sensitive piece of production equipment. The argument—one witness called it no more than a heated disagreement—lasted approximately three minutes and concluded when Stansky was seen forcefully placing his hand on Lindekin’s shoulder. Lindekin took extreme exception to Stansky’s behavior and immediately reported the incident to management. After interviews with both Stansky and Lindekin and those who observed the incident, Huang, Samantha Lowry, the employee’s immediate supervisor, and Grant Ginn, department manager, decided that Stansky should be terminated for unprofessional conduct and violation of company policy.
Answer the following questions:
1. Which arguments should be given more weight: those based on company policy, the employee handbook, and the labor agreement or mitigating factors given by the grievant and his witnesses? Explain.
2. How might unprofessional conduct be defined? Explain
3. If you were the arbitrator, how would you rule in this case? Explain fully the reasons for your decision.
The following requirements must be met:
Write between 1,000 – 1,500 words using Microsoft Word in APA style.
Use an appropriate number of references to support your position, and defend your arguments. The following are examples of primary and secondary sources that may be used, and non-credible and opinion based sources that may not be used.
Primary sources such as government websites (United States Department of Labor – Bureau of Labor Statistics, United States Census Bureau, The World Bank), peer reviewed and scholarly journals in EBSCOhost (Grantham University Online Library) and Google Scholar.
Non-credible and opinion based sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. should not be used.
Cite all reference material (data, dates, graphs, quotes, paraphrased statements, information, etc.) in the paper and list each source on a reference page using APA style. APA resources, including a template, are provided in the Supplemental Materials folder.
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