A labor arbitration case study: The suspension of Nurse Kevin. Pennsylvania State University. School of Labor and Employment Relations & National Academy of Arbitrators. (2012). University Park, PA: Pennsylvania State University. Used with the permission of Pennsylvania State University, School of Labor and Employment Relations.
The video simulates an arbitration hearing regarding a suspension given to a nurse, Kevin, who is also the union shop steward. After viewing the video, write the arbitrator’s award in 2,000–2,500 words. In your award state your decision, your remedy (if applicable), and the rationale for the decision. Draw upon the facts of the case presented in the video as well as any relevant concepts and material from the course.
Arbitrator's Award: The Suspension of Nurse Kevin
Introduction
In the case presented in the labor arbitration simulation, Nurse Kevin, who also serves as the union shop steward, was suspended by the hospital administration for alleged misconduct. As the arbitrator in this case, it is my duty to carefully analyze the facts presented, consider relevant concepts from labor relations, and provide a fair and just decision.
Facts of the Case
The hospital administration suspended Nurse Kevin based on allegations of disruptive behavior during a meeting with hospital management. The administration claimed that Nurse Kevin violated workplace conduct policies by being insubordinate and disrespectful during the meeting. However, Nurse Kevin argued that his behavior was justified as he was advocating for the rights of his fellow union members.
Decision
After carefully reviewing the facts and arguments presented by both parties, I have reached the decision to overturn Nurse Kevin's suspension. My decision is based on the following rationale:
1. Union Steward Rights
As the union shop steward, Nurse Kevin has a responsibility to represent and advocate for the rights of union members. It is crucial for union stewards to be able to express their concerns and voice the grievances of their colleagues without fear of reprisal. In this case, Nurse Kevin's behavior during the meeting can be seen as within the scope of his duties as a union representative.
2. Workplace Policies and Conduct
While it is important for employees to adhere to workplace conduct policies, it is equally important to consider the context in which behavior occurs. Nurse Kevin's actions, though deemed disruptive by the administration, were motivated by his commitment to upholding the interests of his fellow union members. His behavior can be seen as a reflection of his dedication to his role as a union shop steward rather than insubordination.
3. Just Cause
In labor relations, the principle of "just cause" is fundamental when determining disciplinary actions against employees. In this case, the hospital administration failed to demonstrate just cause for suspending Nurse Kevin. The administration did not provide sufficient evidence to prove that Nurse Kevin's behavior warranted disciplinary action.
Remedy
As a remedy to this unjust suspension, I order that Nurse Kevin be reinstated with full back pay for the duration of his suspension. Additionally, I recommend that the hospital administration engage in constructive dialogue with Nurse Kevin and the union to address any underlying issues and work towards improving labor-management relations within the organization.
Conclusion
In conclusion,
my decision to overturn Nurse Kevin's suspension is based on a careful consideration of the facts presented in the case study, relevant labor relations concepts, and principles of fairness and justice. It is essential to uphold the rights of union representatives like Nurse Kevin in order to maintain a harmonious and productive workplace environment.
As an arbitrator, it is my duty to ensure that disciplinary actions taken against employees are based on just cause and are in line with established workplace policies and principles of fairness. By overturning Nurse Kevin's suspension and reinstating him with full back pay, I aim to uphold the integrity of labor-management relations and protect the rights of union representatives in the workplace.