Mock Arbitration Essay

1889 Words Apr 19th, 2016 8 Pages
Mock Arbitration

In the case of Kevin Hire vs Management, the union and employee would like to have Mr. Kevin Hire’s suspension from work discharged, on the account that it did not comply with the disciplinary procedures in his contract. The management however, believes that the disciplinary action taken was applicable to Mr. Hire’s actions in the workplace. The employees’ supervisor, Olive Martinez, suspended the said employee after he refused a lawful and direct order to transport a post-surgery patient from a gurney to a bed. Instead, Mr. Hire chose to clock out and go home despite being warned of the consequences. The hospital management feels that he not only knowingly refused to do part of his job but he also completely neglected
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As a matter of fact, after Mr. Hire chose to clock out a much smaller female nurse was able to transport the patient from the gurney without any struggle or injury by using her legs instead of her back.
4)Not only did they need all gurneys back to the other room immediately, but by leaving the patient in a gurney, he was potentially causing him harm. As a patient in the hospital it is expected that they will be treated with incredible care and rely on the staff of the hospital since they are in fragile condition and are unable to care for themselves. On the other hand, the Union states the Mr. Hire had good reason to refusing to follow his supervisor’s instructions. The employee did not move the patient from the gurney due to a back injury that he claims the management was well aware about. Not only were they knowledgable about his injury, but they often accommodated with it as well, allowing him to seek the assistance of other employees with physically challenging tasks. Furthermore, the employee claims he was never given prior warning and evidently according to his records, has no noted warnings in his entire three years with the employer. To sum up the union’s position, their main points are the following:
To the best of his knowledge, the employee states that he has received no other warnings or disciplinary actions prior to this incident. Thus, he is bearing the third step of the management’s disciplinary procedure rather than the first.
Prior to

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