Mark Penfold's Role In The Arbibration Process

Introduction

Should one person hold overwhelming power in decision-making? Such is the case if a grievance goes to arbitration in the arbitration process. In the workplace, a grievance can be filed in response to a violation of human rights, constitutional rights, collective bargaining rights, or unjust dismissal of employment . If the grievance cannot be internally resolved, an objective third party decision maker comes into play: the arbitrator. In a unionized workplace, as are the two cases to be discussed later, the arbitrator is obliged to hear both cases, that of the griever and the party in question. Once all of the facts have been presented, the arbitrator must decide: was there a breach in the collective agreement, wrongdoing, or
As the market decreased, Nadler Enterprises downsized, and its remaining non-managerial staff unionized. The case is set by first giving a detailed description of the two parties involved in the grievance issue. Courtney Peterson is described as a single, “cool” or “hip”, young woman. She has worked for Nadler for four years, in the same position she currently occupies. Similarly, her opponent in the grievance, Mark Penfold, has the same education as her, and has worked for the company for seven years. He used to occupy the same position as Courtney, but has been recently promoted. Mark is described as a family man who is involved in his church. Courtney and Mark have close working conditions with one another . The differences in their personalities and lifestyles have lead to interpersonal tension and issues; Mark’s recent promotion may have had added to this
Initially, the arbitration process was designed to be quick and efficient. For companies that could not solve a tedious and complicated issue, a third party decision maker would have the final ruling. That being said, now it is not uncommon for a ruling to take up to a year for the final decision to be made. The reasons for these delays are pre-hearing delays and post hearing delays (Thornicroft n.d). Causes for pre-hearing delay range from gathering information, going back over the internal grievance process, or organizing the parties involved. In the case of the “Rubber Room” , the incompetent teachers in the room were undergoing a very drawn out arbitration process that took months, if not years, for some cases to reach a final