Could management avoid some of the problems brought out in this controversy by published policies and rules?

Unlike mediation and conciliation, arbitration leads to a binding decision that in most cases will settle the issue permanently. As you can see, an arbitrator must take his or her role very seriously because his or her decision will have a significant impact on people’s lives. An arbitrator does not necessarily pick a middle ground that will satisfy both sides. He or she will carefully consider the facts in the case and then make a ruling; often, such a ruling will grant to one side everything it could have hoped for.

Help your students step into the kind of controversy that an arbitrator must deal with. Two sides of a dispute have been sketched below. Bring both sides to the attention of your students and have them decide which kind of directive would settle the impasse in the most fair and equitable manner. The situation could be transformed into a role play by having some students represent each of the sides in the issue and then leaving a student or group of students with the task of arriving at a fair settlement. Here are the sides to the dispute turned over to an arbitrator.

Management

Dillon Haskill reported to work 30 minutes late on April 4. This is not the first time Haskill has been late, and on previous occasions he has been warned that a repeat of this tardiness without a good excuse could mean suspension or dismissal. When he was tardy on April 4, Dillon Haskill was given yet another warning by his supervisor. After hearing this warning, Haskill became angry and began cursing his supervisor. Haskill had to be restrained by some fellow workers. Because of his habitual tardiness and his attack on his supervisor, Dillon Haskill was dismissed and given three weeks of pay at the end of the April 4 work day.

Labor

Dillon Haskill has never been given a written warning that tardiness will not be tolerated. His personnel record in the human resources office will verify this. When Dillon reported for work on April 4, he was met at the door by his supervisor, who began throwing curses at Dillon. When Dillon tried to respond quietly to these taunts, several management personnel (other supervisors) brutally grabbed Dillon from behind. Further, on April 4, there were seven other employees who were later than Dillon, and they received no reprimand, formal or otherwise. It is our contention that Dillon’s supervisor does not like Dillon and is just making serious trouble for him.

It is possible for your students to make a decision using the above information. However, if an arbitrator felt that the above evidence or testimony was incomplete, then he or she would request more data or call in more witnesses to the incident. Although the two versions of the story differ, it is possible that the versions are merely highly subjective interpretations of what took place. In an effort to make a fair ruling, an arbitrator must often read between the lines in reconstructing just what happened.