Concept explainers
Case Summary: A company, HA, and its workers entered into a collective bargaining agreement. The agreement stipulated that if any employee violated any work-place-rule, that employee would be discharged. The discharged employee could submit the case for arbitration. The agreement restricted the subject matter of arbitration only to determination of the rule being reasonable and its violation by the employee. An employee, RG, was discharged and he appealed for arbitration. The Arbitrator passed the order of reinstatement in favor of RG. The order was appealed against in the court.
To Explain: The extent of power of the courts to set aside an arbitration order.
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Chapter 2 Solutions
Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
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- Mark Young is the head of the painting department in a large hospital; 20 union employees report to him. Before coming on board at the hospital, he had worked as an independent contractor. At the hospital, he took a position that was newly created because the hospital believed change was needed in how painting services were provided. Upon beginning his job, Mark did a 4-month analysis of the direct and indirect costs of painting services. His findings supported the perceptions of his administrators that painting services were inefficient and costly. As a result, Mark completely reorganized the department, designed a new scheduling procedure, and redefined the expected standards of performance. Mark says that when he started out in his new job he was “all task,” like a drill sergeant who didn’t seek any input from his subordinates. From Mark’s point of view, the hospital environment did not leave much room for errors, so he needed to be strict about getting painters to do a good job…arrow_forwardAnnalise suffers from a mental illness but is nonetheless capable of working for the Office of Child Support in Wayne County. She was fired from her job when it was learned that she had misappropriated approximately $2,000 in state funds. Annalise filed a complaint with her union, claiming the DNR violated a state law against discriminating against someone because they suffer from a mental illness. The case went to arbitration, and the arbitrator concluded that Annalise had been dismissed without "just cause," because her acts were caused by her mental illness and were not “within her capacity to control." The county appealed the decision to a court. How should the court rule? a. The Court should reverse the arbitrator’s decision because the County’s dismissal of Annalise was not to discriminate against the mentally ill but because she knowingly misappropriated County money. b. The Court should void the arbitration agreement (meaning that the agreement is not…arrow_forwardA Board of directors had been experiencing a growing divide between its members for some months and one of the directors sought legal advice independently regarding a possible case for harassment and bullying. The Board's solicitor had been trying to steer them through this difficult period but advised that proceedings were imminent and that urgent action needed to be taken to protect the organisation. The remaining members of the board were unable to agree on a way forward and the director who threatened to sue continued to attend meetings so that they became completely ineffective. They became anxious about speaking on the record and were reluctant to permeated every The Board's solicitor suggested mediation, reminding the Board of their obligation to run the organisation as effectively as possible and that mediation is something the Charity Commission favours. tackle the obvious conflict that meeting. The two solicitors agreed to appoint a mediator and the board members engaged in a…arrow_forward
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