3. What type of evidence are the e-mails received from employees about Gates’s on-duty behavior? Should this evidence be considered by the arbitrator? Why or why not? Background On March 30, 2006, David Gates was arrested and charged with felony Conspiracy to Distribute Schedule II Narcotics and Felony Possession of Schedule VI Marijuana.

In a letter dated March 31, 2006 Mr. Jamie Calvin, plant manager, wrote to Mr. Gates:-

This letter is to inform you that you are suspended until further notice from employment effective this date as a result of your arrest for 1) Conspiracy to Distribute Schedule II Drugs and; 2) Possession of Schedule VI Marijuana–both felonies in the State of Tennessee.

Your continued employment status will be determined based upon the disposition of these charges.

On April 3, 2006, Mr. Eddie Albert, vice president, Local 345, filed the following Grievance:

Step 1. Statement of Grievance:

Mr. Gates was suspended on March 31, 2006. The Union asks that Mr. Gates be reinstated and be made whole for all lost wages and benefits.

The Grievance was denied and the Union appealed. In a letter dated June 6, 2006, Mr.

Gary Folkes, manager employee relations, provided the Company’s response:

The Company has an obligation to provide a safe work environment for all employees.

It is the Company’s position that the grievant presents significant risk to both himself and his fellow employees and, therefore, should not be allowed to work until the felony charges against him are resolved by a court of law. Grievance denied.