Lack Of Employment Contract

Issue

Does the collective bargaining agreement require the employer to have "just cause" to fire an employee, even if the language is not in the CBA? (Carrell &Heavrin, 2013)

Fact

A truck driver failed to deliver his deliveries on time as instructed by the employer and was discharged from work. The driver had been hired in the year 2000 and during the period he worked in the company, he was given four employee warning report due to poor performance. The employer indicates that the driver showed a continuous pattern of failing to work as instructed on many occasions. On two occasions, he failed to deliver his deliveries on time, costing the company a lot of expenses and led to customer dissatisfaction. However, what triggered his dismissal

With an employment contract, it is the responsibility of the employer to treat all employees fairly and terminate them only for a "good or just cause". Therefore, before an employer fires an employee, there is a need to check whether there is an employment contract (Mordsley & Wall,1983)

The definition of a good or just cause is having a valid reason for discharging the employee from his duties. It also means that firing of an employee must be based on reasons that are beneficial to the company, especially related to the goals, vision, and mission of the business. Regardless of the contract being signed by the employee, all employees need to be treated well and fairly without discrimination. If the employer wants to breach the contract, he will have to engage in an extraordinary conduct or even in bad faith which will not be fair or a right thing to do.

Relevant sections

Article XVII: Grievances and

It limits, the employer from discharging an employee before taking the documented steps. The employee, on the other hand, understands his rights and may not allow them to be violated by the employer because of malicious reasons. They are also clear guidelines the labor unions can use to come to a decision.

Analysis

According to the union, the employee failed to use the toll because the company owed him $87.32 in the past toll reimbursement. The first employee warning settled in his favor. He was in the process of disputing the other three reports at the period of discharge. He was challenging his termination, hence seeking reinstatement with back pay, benefits, and seniority.

However, the employer argued that the discharge was not subject to arbitration since the collective bargaining agreement does not consist of a "for a cause' requirement in the required article XVII and XXII. He felt that there was no standard against which the employee can test the employer's action of termination.

The union also argued that the position of the company ignored the seniority concept which is in plain language in the agreement. In the case, an employee is terminated for a just cause. The union indicated that the termination of seniority will have to equate to the discharging of the employee from employment.