BE THE ARBITRATOR ASSIGNMENT
BE THE ARBITRATOR ASSIGNMENT
As an arbitrator, I would examine the facts at hand. I would look at the history of the nurse in previous work environments and check out whether she had encountered such issues of work related negligence. Negligence occurred because the nurse is thought of absconding her duty so as to let the huge number of drugs to be taken out of the nursing home by unknown people. The drugs that were taken were supposed to be taken from the nursing home to the dispensing chemists were schedule 11 drugs. The omission that happened could have been as a result of forgetfulness which is forgivable in a court of law. But however, the employers could also argue that an employee of such a stature could not have the luxury of not acting within care and caution. Those drugs were important components of the hospital and hence it was gross irresponsibility on his part not to exercise enough care. So I would recommend her dismissal but I can give her a chance to explain herself instead of summarily dismissal
Relevant sections of the CBA
· The negotiations report and proceedings.
· Proceedings to be followed during a termination of work.
· Benefits that accrue to employers when suspending employees.
· Work benefits and reimbursements of doing extra work.
· Benefits of procuring specialized treatment.
· Benefits that workers who do work in shifts should be given.
The employer or the union could have taken precautious measures and train the employee so that they can have more care when working to avoid occurrence of such errors in future and discrepancies in records.
Q 1. Legal foundation of arbitration
Arbitration is necessarily national. Arbitration law differs from nation to nation, it was set up as a measure of solving disputes out of court and saves time during the process of administration of justice. Arbitration maybe given effect by more than one legal order, none of them inevitably useful .One legal foundation in the United States postulates that arbitration is the product of an autonomous legal order accepted as such by arbitrators and judges. Arbitration may also be effective in local arrangements during a give and take situations and the need to not take issues to full litigation.
The five principles that govern the arbitration of grievances under collective bargaining
· Arbitration is contractual and neither party has to arbitrate a dispute that they have not agreed to arbitrate.
· Substantive arbitrality, in substantive arbitrarily, the rule of substantive over form normally takes credence
· Procedural arbitrarily-Issues of procedural arbitrarily are decided such as the conditions precedent for arbitration are decided by the arbitrator
· The two people involved in a grievance are the one who normally the one who choose their own arbitrator
· Arbitration is not a forced procedure. Everyone must come to the arbitration on their own free will without being forced to do so
Q 4. How to select an arbitrator
Arbitrators who compose of a full tribunal are very active people in the whole litigation process.
ü They interact with each other; they talk with the witnesses and any expert witness
ü They set timelines of proceedings.
ü They decide on pertinent issues.
ü They participate in examination and cross examination of witnesses.
To select the arbitrator one must take into account his background and qualifications. The candidate’s professional standing and reputation. The selected arbitrator interprets ambiguous contract proceedings by looking at court precedents available for the case.
Binding arbitration is superior because it has a more legal effect and there is monitoring in the implementation of proceedings.It is different from conciliation and reconciliation in the amount of damages awarded and the nature of the warring parties.
Information to be presented as evidence during arbitration is:
Evidence of malpractice
Evidence of arguments
Evidence of deceit
A party can harm its own case during arbitration proceedings by not being eloquent enough and not presenting enough evidence, sometimes they can present certain type evidence that contradicts its case in the first place or it is self-incriminating evidence.
The arbitrator may use the following issues to decide a case involving drug use.
ü The situation that led to the accused to start using drugs
ü How long he/she has been using drugs
ü His economic status
ü Likely sources of drugs