4. What proof does the Company have that the Grievant did what he was accused of? On March 27, 1998, the Company, the Union, and Mr. Danny Webb, the Grievant, entered into and signed the following Agreement:

Without precedent, the Company, the Union, and Mr. Danny Webb agree to the following:

1. Mr. Webb has reached the discharge step for progressive discipline under Category

‘‘B’’ rules. He is, hereby, given a final opportunity to save his job by compliance with conditions set forth in this agreement.

CHAPTER 12: EMPLOYEE DISCIPLINE 557 2. There will be a suspension from 3/27/98 to 4/20/98. Mr. Webb will return to work the week of 4/20/98.

3. There will be a probationary period of 18 months, which will expire September 27, 1999.

4. The violation of any plant rule during the probationary period will result in immediate discharge.

5. Any absence of scheduled work time, including tardiness, during the probationary period will result in immediate discharge, unless determined by supervision to be beyond Mr. Webb’s control.

6. Mr. Webb understands that overtime is a part of his job.

7. Mr. Webb has been made aware of the Employee Assistance Program, for help with the anger problem he says he has.

On April 27, 1999, Warehouse Supervisor Mr. Ted Holt wrote the following Notice:

Reason for Warning or Reprimand:

Violation of plant rules including negligent act resulting in damage to company property. Category B (12) Danny flipped over (2) crates of 1/8" 48"

60" heavy case (HC) glass in zone

#326 on the top row and then took (1)

crate of HC from the bottom and placed it in front of the damaged crate. This hid the flipped-over crate. He went home without reporting the incident. Other employees observed the incident and reported to Tommy Biggers.

Supervisor’s Comments:

Danny did not report the incident to any supervisor. He placed a crate in front of the two crates that he caused to flip over to hide the damage and presented a hidden danger to other employees. This is in violation of his Last Chance Agreement dated March 27, 1998, and therefore results in discharge.