3-26-07 - push the grievance Union is obligated to...

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I. Principles of American grievance procedures: #1 – Management moves and the union grieves #2 – Issue of arbitration went to the supreme court and established that decision of arbitrator was usually the right thing, and that it would take a lot for the courts to overturn an arbitration ruling. how commonly would the courts yield or stand firm against arbitrators? Issues court does intervene on: 1. Issues that are in fact arbitrable. 2. If arbitrator is capricious and ignores the contract in their decision then the court will review the arbitrator 3. Health and safety #3 - Union owns the grievance procedure they ultimately have the decision of how far to
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Unformatted text preview: push the grievance. Union is obligated to represent you fairly, so as long as don’t discriminate in way that they decide to bring forward cases they have the discretion #4 – Just cause – How are arbitrators going to impose discipline? They impose discipline for a just cause, in other words management must have imposed the discipline for a just reason. In order to decide whether the penalty was fair they use the idea that there should be an escalator of discipline, progressive discipline. Management has the burden of proof....
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