103: Investigation of an Untoward Incident

Program 103 / Episode 3

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SKU: DIS-103 Categories: ,

Description

Highlights:
Investigation by Management precedes meting out of a penalty.
Questions to be answered: Was there a violation of the rules? Who did it? Are there circumstances affecting the gravity of the offense?
The initial investigation is usually performed by the foreman.
Duty of Fair Representation Issues
Under with the Supreme Court Weingarten case, if the accused asks for his/her steward, he/she is entitled to an interview with the steward before further questioning.
Employee silence can be used inferentially; there is no presumption of innocence in arbitration.
The Union’s Investigation After Issuance of a Penalty
Was the disciplinary procedure followed?
Was the rule reasonable?
Did the employee violate the rule?
Was the penalty reasonable?
After careful consideration of all the evidence, a decision by the Union whether to file a grievance is be made.
Investigation should be diligent and performed in good faith.

Additional information

Format

Three member panel discussion

Length

56 Minutes

Moderator

M. David Keefe, Labor Arbitrator, Founder of LMDSI

Management's View

Malcolm Denise, former V.P. for Labor Relations, Ford Motor Company

Labor’s View

Raymond Shetterly, former Director of the Arbitration Services Dept., UAW