Grievance Case Assignment

Grievance Case Assignment

Using the Case Study Approach, write an essay on the Fred Cummings case below. Your essay should be approximately 5 pages, double spaced. It is worth 10% of the final grade. It may be done alone or in teams of two. If more than two people do an essay, I will divide the total mark by the number of people.

You can reference other cases in your decision or you may simply base your decision on your own reasons.

If you have any questions regarding this assignment, bring them up in class or email me.

Gerald Swartz

FRED CUMMINGS

Physical Contact -- Threatening of Management Personnel

Background

Company and Union representatives agreed on the following:

On March 4, this year, shortly after 1 p.m., just outside the Crossway's Tavern, four company management employees and four company employees who were members of the bargaining unit represented by the union, were involved in a physical scuffle. This had been preceded by a verbal exchange between some of the parties some 10 to 15 minutes previously while they were all in the tavern. As a result, the four Union represented employees were not allowed to return to work on their next shift. Subsequently the four were advised of their discharge.

They then grieved that they had been discharged without just cause.

The company's answer did not change the discharge and subsequently the Union processed the grievance to arbitration.

At the arbitration hearing, the grievors all testified that there had been trouble at the plant that morning with regard to the matter of raises for certain employees. There had been heated discussion between management and the Union personnel regarding certain management decisions, particularly the policy adopted in giving these raises. Cummings was one of the stewards involved in these discussions. Shortly after these discussions had ended, Cummings requested permission of his supervisor, Walker to leave work that day. He stated that he was upset because of the lack of sleep due to a sick child and the event of the morning had aggravated his condition. Out of concern for the safety of himself and others, permission was granted. He went to the Union Hall where he met the four other grievors. They stated that they played shuffleboard until 11:15 or 11:30 a.m. when they left to have lunch at the tavern as it was one of the places where they could play bank board shuf¬fleboard. They denied they went to the Crossway's Tavern because they were aware that some of the management personnel would also be there for lunch.

At the hotel, the grievors got a table near the shuffleboard, ordered beer and went to the counter to buy a sandwich. Later, according to his statement, Cummings went back to the counter to buy another sandwich. Between his two trips to the counter, four management employees arrived for lunch and seated themselves some distance away from the grievors. Cummings left the lunch counter and went over to the booth where the management people were seated. They were Richards, department manager, scheduling; Miner, depart¬ment manager, stock cutting; Johnston, time study engineer, and Monroe, safety and security manager. Cummings addressed Richardson as follows:

"Hi creep! Where's my f__ telegram?" Cummings stated that he thought Richardson would understand this statement as a private joke. However, Richardson apparently didn't agree. Further discussion between Cummings and the group became an argument between Richardson, Miner and Cummings. Shortly after the argument began, the three other grievors moved from the table where they had been sitting, to a table close to the argument.

Nothing was said between them and the management group. However, shortly after they moved, Johnston, the time study engineer, went over to their table and had a conversation with them unrelated to the argument. Eventually the bar manager came and told Cummings to sit down and lower his voice. He apparently sat down but continued to argue. The argument centred