Labor and Employment Arbitration

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Table of Contents

The Misco Decision
How to Cope with a Management Lockout
References

The decision of the Supreme Court in the Misco case concerning substance abuse and drug testing for employees is very important for a number of different reasons. Moreover, this decision is vital when it comes to Courts support of arbitration as the most proper way of settling disputes between employers and the employees. The Court also held that any policy against the use of illegal drugs in the workplace should be well defined in terms of laws and not reliant upon any considerations or thoughts of the public.

The Misco Decision

The Miscos decision to fire an employee without any thorough investigation shows obvious irresponsibility. There was no actual evidence that the employee used or possessed an illegal substance while working it was only proven that he smoked marijuana in his car, and not on the premises of the company. Subsequently, the arbitrator came to the conclusion that the given case should only be limited to the facts the employer had at the time of firing the worker. The management tried to appeal the decision, stating that giving the employee his job back would be against the public policy about operating complicated and dangerous equipment under the drug influence (Holley, Jennings & Wolters, 2012, p. 494).

In my opinion, the Miscos decision was both reasonable and unreasonable. On the one hand, the worker shouldnt have operated any equipment after using an illegal drug, however, on the other hand, the decision was too quick, and the actual facts werent investigated properly. A company has a complete right to fire an employee for using illegal drugs in the workplace; however, a just and a thorough inquiry should be held on the matter.

How to Cope with a Management Lockout

A lockout is a procedure of closing the workplace during a labor dispute in order to make the employees abide by the rules stated by an employer. In a nutshell, it is a reverse strike. When the employer and the labor union come to a mutual decision, they return to work, maintaining their agreements, however, there also may be option of returning to work with no mutual decision or not returning to work at all until other measures are undertaken (Alberta Labor Relations Board, 2004, p. 3).

During a lockout, it is essential for understanding that it is not an answer to a problem that appeared between the management of the company and the employees. Every person in the management board as well as in the labor union wants to come to a conclusion and resume the work, so being radical and obstinate in personal opinions is not the most adequate decision. Instead, it is better for the union leaders to start negotiating with a management board in order to come to an initial agreement that would set the tone for the following negotiations. In order to cope with a management lockout, its important to clearly state your opinions and demands as well as to listen and understand the demands and opinions of the other party, without resorting to any altercations.

It is also important to remember that the work can be resumed without any collective agreement, for example, when the management calls off the lockout, or when the rights of the union are revoked during the time the lockout was taking place.

References

Alberta Labor Relations Board. (2004). Strikes and Lockouts. Web.

Holley, W. H., Jennings. K. M., & Wolters, R. S. (2012). The Labor Relations Process (10^th ed.). Mason, OH: South-Western Cengage Learning.

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Labor and Employment Arbitration

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