Case Study:
On November 6, the union filed a third-step grievance alleging that the employer, United Technologies Corporation, through its general foreman Peterson, intimidated, coerced, and harassed shop steward Wilson and employee Sherfield at a first-step grievance meeting by threatening disciplinary action against Sherfield if she appealed her grievance to the second step. The grievance that was the subject of the first-step meeting alleged that Sherfield had been “repeatedly harassed, intimidated, and discriminated against” by her foreman, Cote, and that Cote had engaged in an “act of aggression” against her. The act of aggression referred to an incident in which Cote had responded to Sherfield’s request for certain parts by allegedly tossing a bag of parts weighing approximately one-third of an ounce at her workbench. At some point during the first-step meeting, Cote apologized to Sherfield, whereupon general foreman Peterson denied the grievance and urged everyone to return to work. Shop steward Wilson and Sherfield indicated that they would appeal the grievance to the second step. Peterson then told Sherfield that the company had been nice to her and that they had not disciplined her in the past because of her rejects. Wilson stated that Peterson’s statement could be construed as a threat. Peterson denied that he was threatening Sherfield; rather, he said he was merely telling Sherfield what could and would happen. The employer requested that the matter be submitted to arbitration. The request was refused by the union, and it filed a charge with the NLRB, alleging that the employer violated Section 8(a)(1) by threatening employee Sherfield with discipline if she processed a grievance to the second step. Should the NLRB defer to the parties’ contract arbitration procedures in this case? What factors must be considered to make this determination? [United Technologies Corp., 268 NLRB No. 83]
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.