103: Investigation of an Untoward Incident

Program 103 / Episode 3

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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


Three member panel discussion


56 Minutes


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