Mary Marino Case Summary

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Background Mary Marino, the grievant, was arrested due to a small amount of cocaine and a loaded handgun in her purse on September 22, 2006. She was not on the Company’s property at the time. After being released on $2000 bail, she went to work both that night and the next night. When the Company learned of the arrest and charges on September 24, Marino was discharged. The day after, September 25, the Union filed a grievance which prompted instant arbitration. Marino was tried and plead guilty on Monday, March 19, 2007 and was to serve her sentence in jail for 2 to 23 months. She was scheduled to be released on Friday, May 11, 2007, but was unable to attend the arbitration hearing. Issue Did the Company have proper cause to discharge Mary Marino? If not, what shall the remedy be?…show more content…
Article XXIII, Section 3 - Leaves of Absence (LOA) Emergency leave cannot exceed 30 days without authorization from the Company. The Company may extend the leave for no more than 30 days. Article XXXVI - Management Rights Company position While the Company normally does not involve itself in the details of an employee’s conduct when they are not on company grounds, there are some exceptions to that rule and the current situation with Marino warrants such an exception. Because the company manages a large amount of controlled substances and is in occasional contact with the Drug Enforcement Administration (DEA), they must adhere to the DEAs rules to avoid being kept from

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