Grievance Arbitration Case Case Studies Examples

I agree with the arbitrator that the employer had no just cause to terminate the Grievant from employ based on the “tangible” information provided during the case. The arbitrator’s decision centers on his duly right assertion that the employer carries the burden of proving that the Grievant did or did not perpetuate the alleged violation of established rules. The employer, as described by the arbitrator, did not provide sufficient evidence to prove beyond reasonable doubt that the Grievant committed the violations that resulted in her termination. The employer’s case against the grievant hinges on the credibility of the testimony [D] gave, testifying to have witnessed and reported to his superiors [G] and [F] that the Grievant was smoking in room 1900. However, [D]’s version of that day event’s fail to merit grounds for termination considering they conflict that given by [E] and at best seem concocted to shift blame from him to the grievant. Irrespective of the employer justifying their termination by sighting evidence from other sources, they all seemed circumstantial at best and biased at worse. Seemingly, if I were the employer, appealing the case would be a waste of my time and resources because I can only provide incomprehensive evidence that does not directly tie the Grievant to the incident in question. Similar to the Arbitrators sentiment, the duty of proving that one of my Guest Room Attendants violated the smoking rule would be mine to bear. Since the case presented no concrete evidence; my case for appeal would depend on conflicting witness accounts and a missing photograph, all of which the arbitrator has disputed their validity substantially. Moreover, deriving certainty of the Grievance guilt based on past events occasioning her “last and final” warning irrespective of this aspect exemplifying her character flaws, it does not warrant its use as evidence in this case.