Background On March 30, 2006, David Gates was arrested and charged with felony c

Question

Background On March 30, 2006, David Gates was arrested and charged with felony conspiracy to distribute Schedule II narcotics and felony possession of Schedule VI marijuana. In a letter dated March 31, 2006, Mr. Jamie Colbert, plant manager, wrote to Mr. Gates This letter is to inform you that you are suspended until further notice from employment effective this date as a result of your arrest for 1) Conspiracy to Distribute Schedule II Drugs and; 2) Possession of Schedule VI Marjuana-both felonies in the State of Tennesse Your continued employment status will be deter- mined based upon the disposition of these charges On April 3, 2006, Mr. Eddie Albert, vice president of Local 345, filed the following Grievance: Step 1. Statement of Grievane The Union asks that Mr. Gates be reinstated and be made whole for all lost wages and benefits The grievance was denied and the union appealed. Mr. Gates was suspended on March 31, 2006 In a letter dated June 6, 2006, Mr. Gary Folkes, manaer of employee relations, provided the company's response The Company has an obligation to provide a safe work environment for all employees. It is the Company's posi- tion that the grievant presents significant risk to both himself and his fellow employees and, therefore, shoulad not be allowed to work until the felony charges against him are resolved by a court of law. Grievance denied In a letter dated June, 19, 2006, Mr. Joe Blackwater president of Local 345, responded to Mr. Folkes. He wrote The Union rejects the Company's answer. Appeal to arbitration Issue Did the company violate the agreement when it indefinitely suspended the grievant? If so, what is the remedy? Relevant Provisions of the Agreement Article 2: Management Rights The Union agrees that the Company is vested exclusively with the management of the business, including the direc- tion of the working force the right to plan, direct, and

Explanation / Answer

1. Burden of proof

In Court

Arbitration between the Union, and, the employer

2. Off-duty conduct

Drug-free workplace act can be applied as David Gates was caught with Marijuana. Owing to the off-duty conduct he could have been suspended under - (10) Conviction of a Workplace Act.

3. Plea-agreement, and, Two-year probation

The suspension was changed to termination

4. Gates was suspended under the Drug-Free Workplace Act. He has been selling drugs to colleagues. Also, while he was being tried in court, the organization suspended him, as the organization has the right to suspend with a just cause. Last Chance Agreement cannot be used as a precedent. Ergo, the person cannot be allowed to return to work.

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