Reference no: EM132948471

Question

This is a competency-based discussion.

Consider the following scenario:

Jason Kapel is an accounting clerk who worked for the college for 10 years prior to being terminated and is in a union. Kapel filed a grievance that has not been resolved through the grievance process and is now scheduled for arbitration. The college has no money to hire an attorney to do the arbitration, so the vice president of finance must present the case for the college. The business agent for the union represents the employee. The grievance was filed 21 calendar days after the termination.

This is the text of Kapel's grievance:

I was fired without just cause in retaliation for my complaints against Abbey Gould, the chief accountant, for sexual harassment. This is a violation of the disciplinary provision of the contract as well as the provision that prohibits sexual discrimination.

The provisions in the collective bargaining agreement that the employer has violated are:

Article VI.
The parties agree to uphold the Civil Right Act of 1964, et seq.

Article XII.
There shall be no discipline without just cause.

Article III.
Grievances shall be filed within twenty days of the occurrence.

Failure to file a grievance within the timelines shall constitute a waiver of the grievance by the employee.

Instructions

If your last name starts with a letter from the first half of the alphabet (A-M), follow these instructions:

Assume you are the vice president of finance. Post:

The college's witness list with a short paragraph outlining the area to which the witness will testify.
An exhibit list with the documents you will introduce to prove your case.
An opening argument that outlines your case for the college.

The college's witness list with a short paragraph outlining the area to which the witness will testify.

I. Erica Hernandez, 8 Rose Lane. 24-14 Danbury CT 06811: Testifying in person and witnessing Jason Kapel and how he was harassing Abby Gould after their brake-up. The witness saw Jason in his vehicle watching Abby Gould walk to her car after work and followed her when leaving the office.

II. Jennifer Harrington, 8 Rose Lane 22-15 Danbury CT 06811: Testifying about emails that were sent to Abby Gould that were graphic and inappropriate by reading them when being showed by Abby Gould. Afterwards, reported the incident to the IT department.

III. Alexandria Callonas, 8 Rose Lane 24-22 Danbury CT 06811: Testifying in person and watch Jason Kapel pass by Abby Gould desk trying to sexually harass Abby by making inappropriate comments about what she was wearing. In addition, trying to physically touch her making her feel uncomfortable.

An exhibit list with the documents you will introduce to prove your case.

I. Respondent exhibit 1: Video cameras recorded Jason Kapel in his car after work on 6/5/2021 watching Abby Gould get into her car and leaving work at 6:00 pm. In addition, watched Jason leave the same time and was following her home.

II. Respondent exhibit 2: Consistent emails being sent to Abby Gould stating how he wants be with her inappropriately even after their break-up. Harassing her about their relationship and bombarding her with emails every hour making her feel uncomfortable.

III. Respondent exhibit 3: There was sexual harassment in the office. Jason was saying inappropriate comments and physically touching Abby when coworkers were walking by her desk.

An opening argument that outlines your case for the college.

The university defends this case that has been brought on by Mr. Kapel. Mr. Kapel was let go because of sexual harassment charges brought on by the plaintiff Abby Gould. The university did an investigation and realized that Mr. Kapel has violated the sexual harassment policies of the university. There have been eyewitnesses that have seen Mr. Kapel sexually harassing Abby Gould. These incidents have been documented by the eyewitnesses through our Human Resource Department. The Human Resource representative will discuss Mr. Kapel's contract and the procedures for his termination in relation to his behavior (Elkouri & Elkouri, 2018 p. 15-18). The university has taken a stand and action against the sexual harassment charges and dismissed Mr. Kapel because of these documented incidents. Arbitrators have noted that termination is appropriate when the employee is found to be at fault (Elkouri & Elkouri, 2018 p. 15-18).