Q1a: What are the advantages and disadvantages of grievance mediation as opposed to going to arbitration? Remember to not stop at the basic answers. Maybe find a case where arbitration worked or did not work and ended up on the courts and discuss the advantage from the other side.
Q1b: Let the Back Pain be Free from Pain has employed Joey for over 3 years as a physical therapist assistant. Joey has a fairly good record in that he is personable with patients and knows most skills needed to rehabilitate patients. During the recent pandemic, Joey was giving out a few hand sanitizers to his friends.
An HR investigation found he was allegedly stealing from his employer, yet Joey said the bottles were about to expire and there was no policy about how to dispose of expired goods. Let the Back Pain Be Free From Pain fired Joey for stealing company property. He asks his union to have him reinstated because his discharge violated the collective bargaining agreement in force. However, the union is too late to file a request under the collective bargaining agreement, as 10 days had past to file the grievance.
Does Joey have any rights against the union and/or his employer? Explain, find sources. Does it matter if he was innocent? Explain, find sources.
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