Problem
Goodtime Food Products Ltd. produces processed foods, including pickles, relish and canned vegetables. The production workers of Goodtime are covered by a collective agreement. One year ago, the company discharged Rano, one of the employees in the bargaining unit, after an incident in the plant. She had worked for the company for seven years without incident prior to the day of her dismissal.
Rano worked at a packing station, monitoring a machine that filled pickle bottles with small cucumbers. Occasionally, when there was not enough work, Rano had been moved to another job inspecting bottles. On the day of the incident, Ed Thomas, her supervisor, decided that another employee should be trained on Rano's regular job so that there would be a replacement available if Rano were absent. Because Rano spoke very little English, Thomas instructed another employee who spoke the same language as Rano, Lucy Battaglia, to tell her to report to the inspection area when she arrived for work.
When Rano arrived for work and Battaglia told her she was being taken off of her regular job, she became outraged and swore about Thomas. She then walked a short distance to another workstation where Thomas was speaking to another employee and swore and gestured at Thomas with a pair of scissors that were at the workstation. A few minutes later, Rano spoke to the shop steward. The steward immediately prepared a grievance.
When Rano and the shop steward presented the grievance to Thomas in his office, he crumpled it up and threw it in a wastebasket. Thomas told Rano to get back to work. Fifteen minutes later, Thomas went to the inspection area where Rano was working. Rano became outraged. She swore at Thomas, picked up a knife that was on a workbench, and shouted and made slashing gestures about three feet from Thomas' lower body. Thomas left the area.
The company discharged Rano later the same day. The union filed a grievance challenging the dismissal. The matter was expedited to Step 3 of the grievance process without a successful resolution. It has now proceeded to arbitration.
Task
A. What is meant by expedited arbitration and why would it be usedin this instance?
B. What arguments would be presented by the union at the arbitration hearing?
C. What arguments would be presented by the employer at the arbitration hearing?
D. If you were the arbitrator, outline the key points and provide reasons for your decision in this matter.