Are These Grievance Arbitrable

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Running Head: NON-UNION MEMBER GRIEVANCE Are These Grievances Arbitrable? Capella University Are These Grievances Arbitrable? Background: Two cases presented by the union were repeatedly denied by the company. After the third denial, the chief steward submitted in writing that the grievances be placed on hold and submitted this request to the company. Two months later, the union submitted a formal letter to the company stating the company’s response to the handwritten request was unsatisfactory and the union would proceed with arbitration. The company argues that the union did not go through the agreed upon appropriate channels for communication of requests and the claim in invalid; the union argues that they are still entitled to file for arbitration despite not following the agreed upon and binding rules for requesting arbitration. 1. Assess the argument that the parties in the past have agreed to extend time limits. According to both parties, time limits have been extended in the past without incident. What is not clear is whether or not this particular incident has occurred in the past. The chief steward submitted a handwritten note requesting an extension when the terms of the contract clearly state that the request must be submitted via certified mail, postmarked within 10 days of the third response. 2. Should the arbitrator be influenced by any evidence over the reasons for the termination of those two employees? No, the reasons of termination are irrelevant. The issue is whether the cases are arbitrable under the agreed upon terms of the contract between the company and the union. 3. What are the company’s best evidence and argument? The union failed to follow the appropriate procedures for requesting arbitration. There was no official follow up to the handwritten note, and only when writing to inform the company they were
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