107: Violence and Assault
M. David Keefe, Labor Arbitrator, Founder of LMDSI
Malcolm Denise, former V.P. for Labor Relations, Ford Motor Company
Raymond Shetterly, former Director of the Arbitration Services Dept., UAW
Highlights:
The charge relates to physical acts, most commonly fighting.
The basis for the charge emanates from Management’s duty to provide a safe workplace.
The industrial relations definition differs from the legal definition.
Seriousness of the charge depends upon the circumstances.
Examples:
An attack with a weapon is a discharge offense.
Threat of use of a weapon in self-defense may be chargeable depending upon the reasonableness.
General threats would usually strain credulity that they are directed to any one specific person.
Provoking a fight between two others is chargeable.
A provocateur who is himself attacked and who does not fight back is chargeable.
General Considerations:
Management’s responsibility to the workforce and the integrity of its product demand it stop violent behavior.
The investigation must be complete, but the combatants are frequently the worst witnesses.
The individual assaulted can be charged where his/her response is an assault itself.
| Format | Three member panel discussion |
|---|---|
| Length | 59 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 |