Elizabeth V Mitchell Case

509 Words3 Pages
Which party has the burden of proof in the case? Which level of proof will be used? The party seeking damages (plaintiff), in this case Mr. James Mitchell and the union, has the burden of proof. This case would be considered a civil matter and would be guided by the principles and procedures commonly found in settling civil lawsuits and in regulatory agency cases. This includes presenting “clear and convincing evidence” as the level of proof that must be offered in order for the plaintiff to win the case (Clear and Convincing Evidence Law & Legal Definition, n.d.). Clear and convincing is also defined as the evidence that proves a matter by preponderance of the evidence that is required in civil cases (Clear and Convincing Evidence Law & Legal Definition, n.d.). Since the Priority Consideration under Article 22, Section 13 is included by the parties as a…show more content…
Mitchell’s Grievance, should he be promoted and receive back pay for the failure to promote him? Why? Why not? The provisions of the agreement specifically call for an open position, as well as, priority consideration. This agreement is the contract which governs what is considered acceptable. There is no mention of being promoted in his current position as an option in the written agreement – only as a remedy request from the union. Management could redefine the pay scale and job definition of Mr. Mitchell’s current position; however, it would need to be when he vacates the job and need applicants and being sought. Therefore, Mr. Mitchell should not receive a promotion and receive back pay while in his current position. If the potential loophole for management to make intentional “errors” is a union concern, then the union should seek contract language changes to remedy it. Until then, management and union are bound by the contract which already has the remedy as priority consideration for a future open

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