Reasons for suspension:
Alcohol/ drug are prohibited at work place to maintain safety, quality of service and healthy environment as per company’s policy. Any employee consuming drug/ alcohol may be punished with immediate termination.
Brian accepted the fact that he had consumed two Corona’s beer with dinner just forty minutes before his shifts. The quantity consumed by Brian was relatively higher as per his body mass, which resulted in losing control while walking. In United States of America the legal limit of blood alcohol level is 0.08 percent. Brian accepted the fact that he consumed two corona beers (1880 ml; 63.6 U.S. fl oz). The blood alcohol level of Brian was around 0.12 percent (at 5percent alcohol by volume) which is higher than legal acceptable limit.
As per Exhibit A of labor agreement, the company have right to terminate any employee if anyone is found under influence of drug/ alcohol. Clause one, two and three of exhibit A create a solid ground for suspension of Brian. The fifth clause of exhibit A provides base for letter of last chance and to pass breath analyzer test before resuming the work.
In the given case, no test was carried out to check because Brian himself admitted the violation. He also mentioned the time and place of alcohol consumption.
The company handled such matters earlier also where employees were found under influence of drug. This was first time when employee himself admitted that he is drunk hence no test was required.
Other evidences like smell of alcohol from Brian’s breath and his body language also reflected the consumption of alcohol. His condition was witnessed by other production supervisor Paul Davis and shop steward, Ralph Owens. Dave Morgan taken the decision where Paul was also in agreement.
The decision of suspension and last chance letter, taken by the company was very right. It delivers a message to other employees to follow company’s policies. If company does not take such decisions other employees may also start neglecting company’s policies which would affect the performance of the company and other disorderliness by them.
Any employee who is under influence of drug/ alcohol can be a cause for a huge damage to the company. Such influence can led to a major accident at work place which will be harmful for other employees. A strong decision based on clauses mentioned in the exhibit A of labor agreement was required.
Possible Negotiation:
The company in a meeting with union leaders can explain the seriousness of issues and make them agree to take back their grievance. Company can take the help of past data of employee who committed same offense and tell the union that same actions were taken against those people.
Company should convince union leaders for not encouraging such behavior as it can be harmful for other workers. It is their moral responsibility to not blindly support a worker who consumed alcohol just before coming to duty. Management should also mention that they have not taken the worst step which is permanent termination.
Company can also take a midway by paying remuneration of three shifts but should not remove the last chance letter. Removal of last chance letter will encourage repetition of such behavior in future.
