Arbitration assignment Chelsea Brown March 23, 2009 In the contract in article 10.1.d it sates that if the job isn’t finished by a b or c above the company may select from the callback list the employee who in their opinion is best qualified for that job and if non one is qualified then they can hire a new employee. The company is not required to call back an employee so it they cant be forced to call back employees that they don’t feel are qualified. They only have to follow sections a b and c, which are required and are not at the discretion of the company. In addition the contact says that to be qualified an employee has to be able to perform the job without assistance, which they feel Michael was not capable of doing. They had a contractual negotiation to follow sections a b and c, which they did however they did not have to follow section d if they didn’t want to. The burden of proof of the current employees ability or inability to perform the vacant job can be both the union and the companies in making their sound arguments. In
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This note was uploaded on 05/05/2009 for the course ILR 2050 taught by Professor Larrykatz during the Spring '09 term at Cornell.