The Arbitration of Jesse Stansky - Case Study Example

The Arbitration Case of Jesse Stansky Which argument should be given more weight: Those based on company policy, the employee handbook, and the labor agreement or mitigating factors given by the grievant and his witness? Explain in detail. Answer: In case of any company especially if the concern is involved with production or manufacturing department, there a chance of conflict is always constant. This though happens in other sectors also where production is not related with the company’s wok. But the reason why it happens especially in these type of organization is, in case of production unit basically workers come from lower middle class of any society. Now it has often being seen that within this class to be involved with a conflict in normal life is quite a usual and regular job. So when people are coming from this level to any work place a little bit of behavioral effect will be reflected in the work environment also. As all these can affect the output of the company so the Human Resource department has to be very consciously and with lots of patience have to handle the situation. Each and every company has its own policy of how they want to set the rules and regulations regarding the performance assessment of any employee. But still it can happen that in some critical situation employees are to be judge on the basic of situational evidence and witnesses. Like in the situation of Jesse Stansky given in the case study. The complaint against him was he has been found as hitting one of his colleagues. Now this is a serious offence and this situation implies that he was trying to influence any other worked by force and fear. This kind of behavior is a serious offence for any organization. Though Jesse Stansky was working in that organization for many years and has contributed although not very remarkable but as an average employee. While judging this particular situation of Jesse Stansky along with the company policy, the employee handbook, and the labor agreement, the Human Resource department has to give emphasis about what other witness are saying about the situation. This is so because it is important to identify the reality of the situation and this can only be known if the description of the situation is been heard from other employee who was also present in that particular situation. In this particular case Jesse Stansky has been found in a situation with another technician named Gary Lindekin where Jesse was hitting Gary. And this has been observed by another technician who was present there. So for the Human Resource department it has become more important to create a lesson for other employees that any kind of disorder will not be tolerate by the authority. It can be said that rules of company policy, employee handbook etc all are important but should not go beyond the safety, security, and prestige of a human being. Here may be Jesse can be left with a prior warning but then it influence other worker for doing the same offence again. But a termination of Jesse will give a lesson to all other employee along with it will create a good impression in the mind of the employees that the employers are doing justices with the victims. 2. How might unprofessional conduct be defined? Explain in detail. Answer: An unprofessional conduct relates to the disability of performing of any employee. When a work done by any employee does not satisfy the standard of service what is required, then that work is termed as unprofessional conduct. This generally happens when the employees are either not having the required skill what is want for the job or is not ethically concerned about the work (Casey, 2010). Like in case of Health Professions Act (HPA) the unprofessional conduct relates the following points A disability of lack of knowledge or skill in case of professional services. Disobey of Code of Conduct, Standard of Practice etc. Failure to perform the work assigned to the employee. Performing in such an order that can bring harmful affect on the integrity of the organization. Possessing a mentality of not following the rules lied under the HPA rule (Papadakis, 2004). In the given case study also we can see the reflection of the unprofessional conduct. Jesse Stansky is an employee who has disobeys the rules of company policy. By creating violence in the work place with his own coworker he has shown enough unprofessionalism towards his work. In any kind of mismatch in the idea about how to work or anything else with his calege Jesse should have consult the problem with his supervisor instead of breaking company rules. This is very important for any organization to observe that whether any of unprofessional activity is going around internally in an organization and if it is happening then firm steps must be taken so that other employees also get a lesson from it. 3. If you were the arbitrator, how would you rule in this case? Explain fully the reasons for your decision. Answer: the meaning of arbitration is outside the court taking any decision about any conflict. It generally involves a participation of two or more people. The judgment is done by the third party about how and what exactly has happened and what will be the justice for the situation. If I had been the arbitrator then I would have also taken the same decision what has been taken in the given case. Nancy Huang, the H.R. manager of the company has exactly taken the correct decision regarding the conflict happened between Jesse Stansky and Gary Lindekin (Bediei, 1994). Below the reason why this decision is being supported by me is being discussed. Jesse has done an unprofessional work inside the organization. Before this incident he was also being suspended for his other fault in performance. Due to his negligence a system control error took place in the production system of the company. Three days of suspension was punished to him for this from the side of the company. He is also an average performer with a problem of irregularity. Particularly for this reason Jesse Stansky got warning for several times also. So in general Jesse Stansky was performing in an inefficient manner and before this incident he has not created a very good impression as a worker in the mind of the employer. A habit of disobey of rules and regulations has always been noticed in the nature of Jesse Stansky. The particular situation what for Jesse was terminated actually crossed all the limits of unprofessional activity. He has tried to terrorize one of his own coworker while taking a decision in a critical matter relating to production. This was really a very big offence done by Jesse Stansky and he deserves the termination in true sense. The judgment could not have done so confidently if there would have been only two employees among which conflict took place. But another employee saw the incident and he also reported the same thing what Gary has reported. So there is no confusion to understand the real situation. Jesse has proved himself as an unprofessional for several times. If it would not had happened then for this particular case there was a chance to take some other decision regarding punishment. But after doing so many unethical and irresponsible work there is no question of giving him any other chance to be rectified. This type of judgment is important for other employees also. As it gives the message that the employer are with you always but only when you are following the rules of the company and performing your duty in a correct manner (Berg, 1958). References: Berg , A. (1958). The New York Convention of 1958: An Overview . Retrieved From: http://www.arbitration-icca.org/media/0/12125884227980/new_york_convention_of_1958_overview.pdf. Bediei, F. (1994). Online Arbitration Definition and Its Distinctive Features . Retrieved From: http://ceur-ws.org/Vol-684/paper8.pdf. Papadakis. A, M (2004). Unprofessional Behavior in Medical School Is Associated with Subsequent Disciplinary Action by a State Medical Board. Retrieved From: http://www.udel.edu/PT/current/PHYT600/2013/Lecture1handouts/Papadakis,%20Hodgson,%20Teherani.%20Unprofessional%20Behavior.pdf. Casey ,J. 2010. The Top Ten Causes of Unprofessional Conduct. Retrieved From: http://www.fieldlaw.com/articles/JTC_Top10Causes.pdf. Read More