The HR Professional At Barrera Recycling Company



1. As the HR professional at Barrera Recycling Company:

1. Prepare for arbitration (see page 324). Do a written review of the arguments, prepare

questions for witnesses, and describe anticipatory evidentiary issues.

2. Present a well-articulated case supporting management’s assertion that ErinMcNamara

was dismissed for just cause. (Before answering this question, please review the section

on Employee Discipline and the Seven Tests of Just Cause.pp.325-327)

1. As the chief steward for Local 37:

1. Prepare for arbitration (see page 324). Do a written review arguments, prepare questions

for witnesses, and describe anticipatory evidentiary issues.

2. Present your case substantiating your allegation that the dismissal violated the collective

bargaining agreement.

1. In the role of arbitrator, describe the alternative ruling available to you. How would you rule? Write and explanation

supporting your decision.



Box 10.13: Safety and Gloves Discharge, With Just Cause?

Teaching Notes

The Issue

The union claims that the company violated the collective bargaining agreement by

dismissing Erin McNamara without just cause. The company claims that Erin McNamara

was dismissed for just cause. So the issue is clear: was Erin McNamara dismissed with

just cause?


Company Position

The company argues that there certainly was just cause to discharge Erin McNamara.

First, McNamara was observed sorting material without safety gloves. The collective

bargaining agreement (Article XX) provides for immediate discharge for “refusal to

comply with plant rules” so management has the right to discharge McNamara on this

basis alone. Moreover, McNamara had seven verbal warnings and a three-day suspension

in the previous 12 months. The (unchallenged) suspension contained the warning that

immediate discharge will result from any violations of Barrera rules. Failing to wear

safety gloves violated company rules and is therefore a basis for dismissal.

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