An Employee Refusal to Work Overtime - Case Study Example

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These questions would not impact my final decision, but it might make both sides see the situation differently. I would ask Gryzmisk, why he did not want to work the six hours of overtime? I would ask…
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If I were the arbitrator in this case, I would need to ask a few questions. These questions would not impact my final decision, but it might make both sides see the situation differently. I would ask Gryzmisk, why he did not want to work the six hours of overtime? I would ask the management, why the six hours of overtime was so important. This could lead to talks that would solve the situation. For example, if Gryzmisk could not work the overtime because of a doctor’s appointment, child’s event, or having to take a spouse or parent to the doctor, the management might understand that was for an important reason he refused. If management explained that this overtime was necessary to put out a product for a customer that was debating on dropping the business’ services with a huge loss to the company. If I could get each party to understand the other’s point of view, my ultimate decision might not be necessary. That is what arbitration was intended to do.
If I had to make a decision, I would have to find in Gryzmisk’s favor. The labor agreement is “changes to the work schedule” are to be “mutually agreeable to both the company and the union.” Six hours is a change in the work schedule. It does not matter that it is for a “limited and specified” time. Six hours more is a change even if it is a temporary change. The union does not want to agree to the change in Gryzmisk’s case, so the change was not mutually agreed to. The agreement does not say long term changes or excessive changes to the work schedule. It stipulates changes in the work schedule. Thus the 1-day suspension is wrong. He should not be suspended.
I would also recommend if management was not satisfied with this decision or saw the agreement differently, then management and the union might have to draw up a new agreement. The new agreement would need to be clearer. If management wanted to be able to make “limited and specified” changes in a work schedule, that would need to be added to the agreement. Of course, the union would want changes that would make the agreement clearer in their favor. That would have to be a negotiation between the union and management. Read More
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