Management 3620 - Case Study

Case Study 13-1

Chicago State University

Industrial Relations Management 3620

1. Which party has the burden of proof in this case? Which level of proof will be used? The union has the burden of proof in this case. The level of proof will be used will be Article 22, Section 13 of the Master Agreement between VA and Government Employees Union.

2. Since the Priority Consideration under Article 22, Section 13 is included by the parties as a solution to a selection violation, is this priority selection the proper remedy? Why or why not? Yes. In accordance with Section 13 of Article 22, priority consideration is the appropriate remedy for this type of procedural error and has been offered by management to Mr. Mitchell, and the grievance should be denied.

3. If there is a contract violation found and the arbitrator sustains Mr. Mitchell's grievance, should he be promoted and receive back pay for the failure to promote him? Why or why not? I believe that there was a contract violation that occurred. and Mr. Mitchell should be promoted and receive back pay Violations of Article 22, Section 8, paragraph C and Section 12, paragraph D had occurred; referring the external candidate from the third area of consideration. Mr. Mitchell was equally qualified than Mr. Box.

4. You be the arbitrator. How will you rule? Give your reasoning. I would rule in favor of Mr. James Mitchell as the arbitrator. Reason being is that Mr. Box was already an employee working for Coral Gables VA Medical Center and according to Article 22, Mr. Mitchell was violated. The selection of the other candidate was inappropriately selected; a transfer candidate to a higher graded position from the third area of consideration, to have been referred for the position, when the vacancy announcement did not indicated that the area of consideration for promotion was being expanded. I would be in favor that Mr. Mitchell receive the same pay equal in his current position...