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 companyâ€™s response to the handwritten request was unsatisfactory and the union would proceed with arbitration.
The legal issue in the Shero v. Grand Savings Bank is whether or not the termination of an at-will employee for his refusal to dismiss his pending claims against a third party constitutes a violation of that state’s public policy which would support a wrongful discharge action against the employer under the limited public policy exception to the employment-at-will doctrine. The courts decided to dismiss the plaintiff’s petition in this particular case for failing to state a claim. In the world of legalities, it does matter whether the bank was justifiable in its termination of said employee due to the possible legal repercussions of the banks unjust actions in firing this employee. I believe that the bank had a good reason to terminate this employee. I think the bank terminated said employee because it would have been a conflict of interest to keep this employee employed.
The concept can be tested by looking at the reasonable person leaving due to discrimination or a violation of public policy (Glazer, 2013). The employee is alleging that the company is guilty of discrimination because new company work hour policies would force employees to work on a holy day. Previous company work hours allowed for weekends off which allowed employees time for worship every Sunday. The new policy would allow employees to work four days on and four days off which would at times encompass a commonly known religious day. This employee feels the company is now discriminating against their religious freedom by forcing them to work on these common religious days and the employee left the company immediately following the policy change.
That is, the judge holds that the plaintiff failed to provide sufficient grounds, even what is claim is true, to be able to win a verdict. After a jury returns a verdict, the losing party may make a motion for judgment as a matter of law or a motion for judgment now withstanding the verdict. The judge is asked to hold that there were not legally sufficient grounds to support the jury’s verdict and to either overturn the entire verdict or a portion of it. Courts preferred post– verdict motions to pre—verdict motions because, if an appeals court reverses a post verdict motion, there is no need to redo the entire trial. Q: The jury believes the expert testimony presented for plaintiffs.
MEMO To: Mr. Leighton Smith CEO From: Jesika Wirefly, Elementary Division Manager CC: Human Resources, Production Department Date: October 25, 2014 Re: Constructive Discharge I am writing this memo as a result of the recent event where a former employee has resigned once a new schedule change was put into effect. This is commonly referred to as constructive discharge. This employee has alleged that our factory is being discriminatory against his religious holy day due to the required 12 hour schedule that has been implemented. Originally the staff was required to work 8 hour shifts from Monday to Friday. The schedule has now been modified to a rotating 12 hour shift that runs from Monday to Sunday to accommodate our increasing
This will in turn raise the standards of the new organization. According to Zatz (2011), it is recommended that the more dominant organization have a strategic plan mapped out to include communication among employees and customers, how the culture will be merged and employees that will be laid off. A SWOT (strengths, weaknesses, opportunities, and threats) analysis can be used to create this plan (Zatz, 2011). Impact of the Merger on the Culture of the New Organization Culture is a very critical part of the merger process. Though cultural conflicts are inevitable, cultural differences have to be put aside to ensure success of the new organization.
Personnel need to read and digest as much information as they can to get used to the changes coming their way. A third step a manager should take is to encourage participation from the employees. When employees participate in planning and implementing a change, they feel as though they have some control over their jobs and this relieves some of their anxiety (Rosenberg, 1992). Employee resistance will be the strongest in the unfreezing stage of the organizational change. A good communication plan will help a manager build trust with the employees so that when they receive the news of a major change they do not panic and become resistant.
Henceforth, this system becomes a major tool for management to either reward or punish its staff. We have studied and analysed the definition of performance appraisal system used by organisations and also briefly discussed what it is used for. However, we further need to evaluate different aspects and factors of this system. Employee Retention Article Base (2009), writes on its website that effort and methods adopted by an organisation in keeping its staff employed with them for a longer duration of time period leads to employee retention. In an organisation, hiring a new staff and getting trained for the job costs would cost twice as much as retaining current staff.
7.2 The question comes down to if the new Delaware statue repeals the old Delaware act that requires contracts that take more than year to perform, be signed.The new Delaware statue only provides more flexibility to the LLC operating agreements and does not remove LLC operating agreements from the reach of the statue of Frauds.Hence Olson is not entitled to not entitled to receive more than his 2005 compensation and capital account 7.3 The court needs to look at the following factors to interpret the ambiguity in the wording, • Sustainability of the mistake - If the mistake has a material effect on one of the parties • Allocation of risks -If one party accepts the risk they have to accept the risk. • Timing - The party alleging the mistake must promptly notify the there party of the risk No.Even in a case where the mistake is unilateral the court can void the contract if the offer is too good for one of the parties or if the non mistaken party is guilty of mis conduct or fraud. 7.4 On
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