ipl-logo

Horton Automatics: Workplace-Rule Violation

287 Words2 Pages

3-7: Arbitration (pg. 77) Horton Automatics and the Industrial Division of the Communications Workers of America, the union that represented Horton’s workers, negotiated a collective bargaining agreement. If an employee’s discharge for a workplace-rule violation was submitted to arbitration, the agreement limited the arbitrator to determining whether the rule was reasonable and whether the employee violated it. When Horton discharged employee Ruben de la Garza, the union appealed to arbitration. The arbitrator found that de la Graza had violated a reasonable safety rule, but “was not totally convinced” that Harton should have treated the violation more seriously than other rule violations. The arbitrator ordered de la Graza reinstated. Can a court set aside this order? …show more content…

According to the textbook, “the arbitrator exceeded his/her powers or failed to use them to make a mutual, final, and definite award”. Application/Analysis The arbitrator exceeded his/her power since the agreement limited the arbitrator to determining whether the rule was reasonable and whether the employee violated it. The fact that the arbitrator follows up with another question to Harton: whether Harton should have treated the violation more seriously than other rule violations, this action explains that the arbitrator had exceeded his/her authority. In addition, the arbitrator “was not totally convinced” which this reveals the fact that he/she failed to make a definite decision. Conclusion In conclusion, the arbitrator exceeded his/her powers and failed to use them to make a mutual, final, and definite award for the case of de la Graza. According to the textbook, “arbitrator does not need to follow any previous cases in rendering their decisions.” Therefore, the court shall set aside this

Show More
Related

  • Sucklal Case Summary

    156 Words  | 1 Pages

    This consolidated appeal arises out of a declaratory judgment action, a foreclosure action, and a motion for possession of property initiated in the Circuit Court for Howard County. Mortgagor Sirina Sucklal (“Sucklal”), appellant, challenges the grant of summary judgment to the substitute trustees Mark H. Wittstadt, and Gerard Wm. Wittstadt, Jr. (collectively, “Substitute Trustees”), the ratification of the foreclosure sale, and the subsequent grant of a motion for judgment awarding possession to the purchasers at the foreclosure sale. On appeal, Sucklal presents six questions for our review, which we have condensed and rephrased as follows: 1.

    Read More

  • Sun Company Vs Nlb Case Summary

    1097 Words  | 5 Pages

    The National Labor Relations Board (NLRB) is the first stop in an unfair labor practice dispute between an employer and a union. What happens when the NLRB is wrong in their judgment, or one of the parties needs further clarification? The next stop would be an appeals court, and Baltimore Sun Company v. NLRB is an example of this conflict. Case Summary In 1996, the Baltimore Sun Company (Balt.

    Read More

  • Case: Lachance Vs Erickson

    184 Words  | 1 Pages

    The employees were sanctioned for the underlying charges and the charge of giving the false statements. Holding of the Court: The court ruled in favor of La Chance because agencies

    Read More

  • Texas Family Case Study

    504 Words  | 3 Pages

    Order in Suit to Modify The Parent-Child Relationship Texas Child Custody Form or Order in Suit to Modify The Parent-Child Relationship is a document intended to request the honorable judge to amend various permissions, support, and visitation pertaining to child/ren. This document has 12 sections and filling the factual information in every section is necessary. Read this document clearly and define the roles of petitioner and respondent/s using the provisions offered in the form. Texas Family Code, Chapter 156 governs the Partnership for Legal Access – Modification Order form. The form requires furnishing information in the text as well as a selection of options by marking the appropriate boxes.

    Read More

  • Turner V Hershey Chocolate Case Analysis

    955 Words  | 4 Pages

    In determining whether a genuine issue of the material fact whether a genuine issue of material fact occurs regarding the reasonableness of the requested accommodation, we first examine whether Turners facial presenting that her proposed accommodation is possible. If appellant has made out a prima facie showing, the load then shifts to prove a favorable defense, that the accommodations requested by Turner are unreasonable or would cause an undue hardship on the employer. In contrast, If Turner has satisfied her initial burden, Turners proposed accommodation seems practical. At this time, Hershey rotations policy is new one which had never been required of employees in Turners position. If Turner 's proposed accommodation would permit the new rotation program to endure, even though on a modified basis.

    Read More

  • Calico Coal Inc. Case Study

    236 Words  | 1 Pages

    Calico Coal Inc. was a corporation in good standing in the Commonwealth of Virginia at the time the violations were cited (Exhibit 2). Ralph Campbell and Shane Hayes were Certified Foreman designated by the operator to conduct the pre-shift and on-shift examinations on the No. 4 belt conveyor. When assigned a statutorily mandated responsibility of an operator to conduct and record the preshift and onshift examinations they became an agent of the operator for that purpose (Exhibit 5, p. 2 & Exhibit 12, p. 2). Blake McClanahan, Keith Profit, and Barry Redman directed the workforce and conducted the pre-shift and on-shift examinations on the No. 4 belt conveyor.

    Read More

  • R. Williams Construction Co. V. OSHRC: Case Study

    736 Words  | 3 Pages

    “We deny the petition for review” (Walsh). The court ruled in favor of the OSHRC. 2. What exactly did the employer do or fail to do that violated the OSH Act? 1. Williams failed to provide instructions to employees and their managers on how to recognize and avoid unsafe working conditions.

    Read More

  • Dbq New Deal Essay

    706 Words  | 3 Pages

    Document G is from a radio broadcast by John L. Lewis on December 13, 1936. “The strikes which have broken out… especially in the automobile industry, are due to such “employee trouble”.” In this sentence Lewis is blaming the strikes on employee trouble. “Huge corporations, such as United States Steel and General Motors… have no right to transgress the law which gives to the workers the right of self-organization and collective bargaining.” Lewis was saying Big companies to bypass a law about people being able

    Read More

  • Prison Releasee Reoffender Act (PRA)

    972 Words  | 4 Pages

    He appealed his conviction and sentence to the Fourth District Court of Appeal and they affirmed that the Act does not violate any constitutionality challenged the defendant. Facts 1. The defendant committed to serve time for certain crimes and he was prison released in August 1996. 2.

    Read More

  • Gnych & Anor V Polish Club Case Study

    879 Words  | 4 Pages

    Everyone was told to maintain silence, stand up and following that everyone was told to sit down. Then the Plaintiff’s Lawyer Mr REYNOLDS stood up, introduced himself and his party and was given the chance to speak. Following that he started to describe the case to the judges and explaining and providing references from previous cases and also mentions what Polish Club Limited breached. After that the defendant’s lawyer that is MR CLAY was allowed to speak for the defendant who argued for a while and defended Polish Club Limited. The Honour and the other judges questioned Mr Reynolds, the plaintiff’s lawyer, about evidence and reference provided to make sure whether the claim they are making against Polish Club Limited comply and whether Polish Club Limited breached the law.

    Read More

  • Ghaidan V Godin-Mendoza Case Study

    926 Words  | 4 Pages

    The appeal was dismissed and it was held that s.17 was governed by the principles in Ghaidan v Godin-Mendoza [2004] UKHL 30. Also, there are other examples of cases where Godin-Mendoza’s case was applied.

    Read More

  • The Constrained Court

    429 Words  | 2 Pages

    The Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case

    Read More

  • Fair Labor Standards Act (FLSA)

    167 Words  | 1 Pages

    During this week's class discussion we were asked to place ourselves in the shoes of a moderator who is in charge of determining if a unionized employee can refuse to work overtime as the union feels that it constitutes a change in work schedule. I as the arbitrator would have sided with the employer and upheld the employee’s discipline. Asking an employee to work and additional 6 hours does not constitute a significant change in the labor agreement. My support for this decision is based off the Fair Labor Standards Act (FLSA). The act provides legal guidance and requirements regarding overtime and employee pay (Barkume, 2010, Pg. 128).

    Read More

  • Case Study Of Turner V. Hershey Chocolate USA

    1045 Words  | 5 Pages

    For the reason that plaintiff could not carry out her essential function needed as a shaker table inspector job, the District Court articulate that appellant was not a qualified individual as per the ADA. In addition, the district court the reliable that appellant could not sustain a claim for reasonable accommodation, for the reason that any exclusion from the rotation system would make a danger of increasing the injuries for the pretender and the other table inspectors and therefore, would be arbitrary. In other words, was the case so that no reasonable jury could find that the employee was eligible for reasonable essential accommodation claim under

    Read More

  • Case 20-1 Shoenberger V. Chicago Transit Authority Case Study

    773 Words  | 4 Pages

    The recruiting chief told him that it was a mistake and would settle, and accept the offer now. When the increase was not given, Schoenberger resigned and filed a claim to recover damages for the contract The court of first instance ruled in favor of CTA and Schoenberger appealed. Issue The problem is that a new employee was offered a raise a promised time but the person who offered it was only a manager an employee of CTA, which, he did not have the authority or the power to do so.

    Read More

More about Horton Automatics: Workplace-Rule Violation

Open Document