You Be the Arbitrator
As arbitrator, what would be your award and opinion in this arbitration?
The two parties have come up with different viewpoints. Employee union states that all employees contain the efficiency and capability to perform warehouse operations in an effective and lucrative manner. Employee layoff is just to bust the union in the company. On the other hand, the employer states that the operations in the warehouse have been decreased after 2000 strategic plan. Giving a contract to the third party is in the best interest of the company. When playing the role of arbitrator, I would like to listen to all concerns or reservations of the employee union. Employees have been working for this company for many years, and they can talk more about this decision along with some key insights. It seems pertinent to listen to employees to derive the perception, created by the employer. Conversely, my opinion as an arbitrator is that the company has a right to terminate or hire different employees in the best interest of the process. However, the employee’s contract should be stated. Thus, through combining reward and opinion, I can make an effective final decision at the end. The most important thing to listen to both parties and navigate the employment contact details
Identify key, relevant section(s), phrases or word of the collective bargaining agreement (CBA), and explain why there were critical in making our decision.
The employee performance, efficiency, and warehouse operations are some phrases, which are critical in the decision-making process. Interestingly, these phrases are triggered by the employee union and employment contract. Both parties are looking to enable the work efficiency and predictability. Both parties are claiming that their decisions are to increase the performance of the business. However, the workplace section is necessary to navigate, as it can help to examine the physical facilities. In the decision-making process, different levels of performance, efficiency, and work facilitations are critical. Employees in the department are to be evaluated through their performance, efficiency and performance statistics. Conversely, the employer is to be evaluated through the new contract with the third party and the current work facilitations for employees. In the decision-making process, it is necessary to evaluate or examine some records regarding the employee performance. The best approach is to examine these records and match with all claims to contain the authenticity in the decision-making process. Interestingly, the employee layoff is the big change in the company, and it is important to investigate the rationale behind this change. Thus, in the decision-making process, these factors are quite critical.
What actions might the employer and the union have taken to avoid this conflict?
There are some effective considerations or actions of both parties to avoid this conflict. For Instance, the employer may come up with the clear employment contract. It is to be stated in the contract that the employee can be terminated any time. If employees sign the document, they cannot claim anything. With the perspective of employees, it is necessary to raise several issues in warehouse sections immediately, as it helps to streamline the issue for the employer. The employer’s issue is the performance rapidness and efficiency along with some key measures. If the employer evaluates the performance through some performance measures, the negative perception can be eliminated. For instance, the employee creates the perception of union busting, and judging everything through performance and results can evade it. For both, the implementation of the code of conduct is essential to know the limitations, rights, and responsibilities, and it looks the perfect approach to avoid this conflict in the company.
In the end, it is to conclude that the conflict between employees and employers can be emerged due to many misconceptions and misunderstandings. The decrease in the performance is not only due to employees, as there are some aspects, which come from the employer’s side.
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