AN ARBITRATOR'S DILEMMA: BULLYING OR SELF-PRESERVATION ? INTRODUCTORY NOTES According to Namie (2000), one in every five United States employees was bullied with repeated, deliberately harmful verbal abuse. A recent survey cited that more than half of the working American population has suffered or witnessed workplace bullying including verbal abuse, job sabotage, abuse of authority or destruction of workplace relationships (Cable, 2007). This equates to an estimated 54 million employees - 37 percent of US workers - have been bullied at some point in their work lives, while even more have witnessed acts of workplace bullying. Workplace bullying is defined as a persistent pattern of negative acts directed at a worker (Baron & Neuman, 1996; Keashly, 1998), any form of harassment whether mental or physical, intentional or not, which is unwanted by the person at which it is aimed (Anonymous, 2006), or a form of interpersonal aggression or hostile, anti-social behavior in the workplace (LaVan & Martin, 2008). It may also involve incivility and aggression with the intention to cause humiliation and distress along with someone's work being undermined and the individual belittled (Lee & Brotheridge, 2006). To date, in the United States, there is no single, specific statute that governs workplace bullying (Mack, 2005), although ethically and morally it violates basic human and workplace principles. Specific studies of workplace bullying and ethnicity are rare (Lewis & Gunn, 2007). It was noted, however, in their research study a higher prevalence of bullying amongst non-White groups as compared to White groups with personalized bullying being the most prominent. When colleagues bully other colleagues the focus of the attack is first and foremost personal. Unfortunately, as indicated by the Dignity at Work study into bullying, Human Resources has been reluctant to get involved in resolving conflict until it is absolutely necessary and that as a result bullying in the workplace is escalating (Fuller, 2006). The changing face of the Human Resource function itself, with many of the HR departments being centralized or moved off site, functions being outsourced, and HR becoming more strategic is contributing to the demise of the \"people's champion.\" In addition to this, although there has been a steady decline of Union membership over the years (Dickens and Leonard, 1985), bargaining units by contract are for the most part obligated to defend their members when dismissed for alleged violence or bullying in the workplace. Workplace bullying links itself with a lack of trust of management, a poor organizational climate, higher absenteeism and turnover rates, reduced productivity, anxiety, depression, 1 and high litigation costs (Anonymous, 2008). Coaching, awareness, and training of workers, including management at all levels, in addition to a good solid no tolerance policy for bullying that is supported by labor and management is usually a good first step in adjusting employee's attitudes towards other workers and their colleagues. Understanding the complex dynamics of bullying and aggressive behaviors in the workplace by Human Resources and its impact on the well-being of employees is necessary for proactive action regarding these dysfunctional and conflict-escalating behaviors on the job. PROFILES Diane Arnold has a high school education and has been at Wonder Life, Inc. for 12 years. Beginning her employment as an assembler, Diane learned the product and process through experience. She is presently the Supervisor (Advisor) of the electronic departments. Michael Crowe has been with Wonder Life, Inc. for over 30 years having worked in the factory in almost every position on almost every product. Michael is a natural at handling conflict and guiding others to a win/win outcome. He serves as the Chief Union Steward at Wonder Life, Inc's. contractual bargaining unit. Juan Cruz is a very hard working Hispanic employee who supports the educational programs and teambuilding at Wonder Life, Inc. Juan serves as the team leader and liaison between management and employees who work in the electronics departments. Juan is married to Lisa Cruz, an employee (associate) in People Services. Albert Donnely joined Wonder Life, Inc. 10 years ago as their Human Resource Manager. As the organization grew so did Albert's responsibilities. Presently the Vice President of People Services, Albert and his team have been recognized on numerous occasions by the national, state, and local professional Human Resource associations for everything from innovation and creativity, workplace education, and best practices to economic development, best employer to work for, and Human Capital Business Leader. Mark Howell is a manufacturing engineer and one of the creative geniuses behind the development of the new centralized packing process. Mark has been with Wonder Life for five years and is well respected by the rank and file. Sam Jones is an African-American employee who works alongside of Juan Cruz in the electronics department. Sam is also a member of the contractual bargaining unit and 2 began his employment approximately three years ago. Sam's brother Gene Jones is the union steward for the paint shop areas. Mary Kilmore is the shop steward of the electronics areas. Mary is a long-term employee and has been in many positions prior to her present one as lead person on one of the assembly lines. Mr. Lee is a retired Vice President of Human Resources from Lexicon Oil. Mr. Lee now spends his time consulting and also as a mediator and arbitrator for those organizations needing his services. He is registered with the State Department of Labor and the State Mediation and Arbitration Association/Board. Mr. Lee has only served in the capacity of an arbitrator for two years now which equates to three cases. John Martin is Wonder Life, Inc.'s Vice President of Operations. John is a 30 year veteran of the organization and has facilitated many new processes and innovative ideas from Quality Circles to Just-In-Time Inventory. John has watched the company grow from a small $3 million in sales organization to its present revenue of $120 million. Vincent O'Connolly is another lead person in the electronics department. Vincent's people skills are much to be desired. His temper is volatile and his sarcasm is so prevalent while he is talking that many employees try to avoid any contact with him. Victor Pastore is the plant director. No stranger to bargaining units, Victor has appeared during a few arbitration hearings in other organizations. Victor always wants to learn something new, and then try it on one of the assembly lines while looking for continuous improvements in process control. Victor has a no tolerance policy for almost all nonbusiness like behaviors: excessive absenteeism, bullying, lateness, pilferage, etc. Pedro, Lewis, Jose are three Hispanic employees who work in the shipping and receiving department of Wonder Life, Inc. Each one is a member of the bargaining unit and on average has been with the company for three years. Their performance has been stellar and their records indicate no incidents of reprimand. Joan Rossi is a People Services employee serving mostly in an administrative assistant capacity. Susan Wolfe, the People Services Manager of Wonder Life, Inc. joined the organization approximately two months before Albert Donnoly arrived. Together Susan and Albert created the department from the ground up. Susan is extremely competent in screening 3 and recommending the right candidate for consideration at Wonder Life, Inc. This, plus her skills in employee relations continue to make the company an \"Employer of Choice. THE DAY BEGINS At 6:45 AM the production lines of Wonder Life, Inc. were being set up by lead people. The normal routine had begun for the 7:00 AM start time. Department Supervisors, known as Advisors, were accessing the data base for their daily work schedules and production loading. The Vice President of People Services and Quality, Albert Donnelly, and the Vice President of Operations John Martin, walked the factory floor. They assisted wherever needed and greeted employees, referred to as associates, working on the ten productions lines, in the warehouse, paint shop, test engineering, quality assurance, shipping, receiving, and a myriad of other factory departments. Some small talk took place and went a long way in lifting everyone's spirits. The first shift of Wonder Life, Inc.'s multi-shift manufacturing operation consisted of 225 direct labor associates represented by the International Brotherhood of Electronic Assemblers Union. The second shift had 80 additional direct labor associates. The relationship between management and labor was a good one. Years of working collaboratively to achieve harmony resulted in a motivated, dedicated, and loyal workforce. Efficiency, quality, and productivity were exceeding projections which translated into a healthy bottom line for Wonder Life, Inc. WORKER INVOLEMENT TEAMS For years Albert and his department led a journey to create worker involvement teams throughout the company. The model was most successful in manufacturing which resulted in upwards of 18 moderately self-directed work groups. These teams made most of the decisions for their departments. They would hold bi-weekly meetings to discuss production, product, quality, and other projects that were part of their goals and objectives. Some stellar members of each team would also become participants on broader based cross-functional teams. These cross-functional project teams created lists of cost saving, continuous improvement ideas through brainstorming sessions when their groups came together. They also met on a consistent basis in an effort to find solid solutions to challenges facing departments throughout Wonder Life, Inc. and its customers. One such meeting had begun immediately following the start-up of the assembly lines. The topic was a summary discussion of a project that emanated from the strategic business plan; centralized packaging. Presently, each assembly line had it's own \"packers.\" These packers were positioned at the end of each line. They would receive the assembled product, package it in an inner carton and place it on a nearby pallet. The pallet, when full, would be moved to another location in the plant. Product was then 4 unloaded and additionally re-packed into an outer carton usually specified by the customer. This process was considered labor intensive and thus costly. (See Figure # 1). As Wonder Life, Inc. sales continued to grow, additional resources were required; assembly lines, employees, equipment, and overall space. Unfortunately, space had become a rare commodity. A new addition to the building was being considered in the five year plan but that did not solve the present problems being faced. In spite of the overall lack of room, efficiency on the production floor was consistently improving except for on-time shipments. They held steady at a level of 96%. Customers were not expressing any concern at the moment but John knew it was only a matter of time before demand exceeded supply at Wonder Life, Inc. They needed to stay ahead of the curve and maintain high levels of customer satisfaction. The new central packing system should help solve the problem with late shipments and space. It would relieve each assembly line of their \"personal packers.\" No longer would packers be solely dedicated to any of the ten lines. Several assembly lines employed two packers so the new plans should free up close to 12 associates. They would be placed elsewhere in the factory. Some might actually become associates of the new Central Packing Team. With central packing when the assembled product reached the final work station, the assembler would place the product in an inner carton and then on a conveyor system connected directly to his/her work station. This conveyor would take the inner carton to a central location in another part of the plant closer to the shipping dock. Pallets would be arranged to receive each line's merchandise. The product would then be separated according to customer order, placed in it's proper outer carton, and set on a dedicated pallet for shipping. The project took the cross-functional team several months to complete. Initial savings of labor, including overhead, fixed, and other variable costs, were projected to be in excess of $1million in less than two years. (See Figure 2). A great deal of effort also went into creating the universal outer packaging materials that were an integral part of this process. It was not an easy task to develop one outer carton that would be aesthetic and yet practical enough to fit all sizes and shapes of products. The team did so, however, through a great deal of hard work and research. Customer focus groups gave the packages a \"thumbs up\" so Wonder Life, Inc. felt comfortable they were on the right path. In addition there would need to be changes to existing conveyor systems, loading capacity, scheduling of similar products during similar times, and training programs. The cross functional team that took hold of this new approach was excited to see it finally had all come together. See Figure # 2. THE COMPANY 5 Wonder Life, Inc., a 75 year old privately owned manufacturing company is a leader in it's market niche of developing life-safety systems for buildings. Wonder Life, Inc. has tough competitors with deep pockets. These companies had a majority of the market but Wonder Life's 40% share was more than enough to keep them busy at their one factory on the east coast. Wonder Life enjoyed a steady long-term approach to pleasing its customers. It had built a very loyal customer base that continued to return because of Wonder Life's attention to detail and quality assurance. At the forefront of this success were the associates that worked there. People Services (Human Resources) has successfully led a charge to create a team based culture mostly throughout manufacturing. There were inroads being made throughout the remainder of the company but the focal point had been rank and file associates. The facility was multicultural and diverse. Associates attended on average 40 hours of various types of training and education each year. Teams participated in their department's goal setting, did their own hiring, scheduling of production, became experts in total quality management techniques, and assisted research and development in the creation of new products. These tasks were just a few of the many processes undertaken by the teams in the factory. Value added opportunities were sought willingly by associates. These resulted in productivity and process savings of nearly three million dollars in the three years preceding the centralized packing system. The team philosophy was working very well by all measures of profit, job satisfaction, productivity, and customer delight. The teams also benefited by these savings through a variety of employee relations programs including profit sharing. The cross-functional or departmental team meetings were commonplace. These were working meetings where either data was reviewed regarding goal attainment or new projects were discussed. After each meeting associates that represented their teams made an effort to pass along the information they gained to others who worked with them. It was common for associates to suggest and then create new and innovative ways to satisfy better the customer. It was common to witness one of these meetings taking place during any hour of the day. THE CENTRAL PACKING TEAM MEETING At the cross-functional meeting of the centralized packaging team, in attendance was Juan Cruz, the lead packer from one of the assembly lines, Mary Kilmore, a union steward, Vincent O'Connelly, the lead set-up, Diane Arnold, the supervisor (advisor), Victor Pastore, the director of manufacturing (coach), Mark Howell, manufacturing engineering representative, and John Martin, the Vice President of Operations. During the meeting a summary of the new system proceeded without hitch. The team's hard work over the last few months truly paid off. Everyone was pleased. Questions were easily responded to in an effort to work out any last minute details prior to 6 communicating with others in the plant and office. There were no longer any concerns or bitterness that had been commonplace in the beginning of the project. Originally, the Union had expressed doubt about the new system mainly due to a feeling that layoffs might occur because of this new technique. Management assured the Union no one would loose their position due to the new packing method. In fact the organization was planning to hire over 20 additional production associates within the next few months to keep up with forecasted product demand. People Services adjusted the overall manpower plan in manufacturing recently because sales had been on a steady increase for three months now thus creating the need for additional labor. Everyone at the team meeting was satisfied. They agreed that within the week they would formally meet with their teams and explain the new system. A projected date of full implementation was approximately eight weeks in the future. Actions would now need to move quickly in the event anyone else outside the core team had input that resulted in changes. The various conveyor systems would now be ordered and sub-assembled off site. When ready they would be moved to the company and installed. The meeting ended with a brief celebration of donuts and coffee. Following the jubilation everyone went back to their work stations. HORSING AROUND TURNS UGLY Each day at 8:00 AM, one hour after the manufacturing lines were up and running, a daily production meeting also took place in another part of the building. The meetings were facilitated by the Production Scheduling Department. Advisors, Plant Management, Quality, Manufacturing Engineering, Procurement, Engineering, People Services, Customer Service, and Test Engineering were always in attendance. Several Vice Presidents also participated in this daily gathering where each function reported out updates in a round robin fashion. The purpose of the gathering was to enhance communication and information across the organization. Each day everyone would know what was taking place elsewhere in the company. This way meeting attendees could relay information to their respective teams and departments in an effort to plan accordingly. These operation meetings usually lasted for approximately 45 minutes unless something needed additional attention. If so, more time would be taken so a plan of action would be set into place. During the production meeting, which began soon after the central packing meeting ended, a voice came over the intercom. Normally, it would not raise any eyebrows, however, the page required the immediate response of Albert and Diane Arnold. Both were at the production meeting. By the tone of the message it appeared as if something was in need of urgent attention. Diane phoned the extension number being requested. A lead person on the floor requested that both Albert and Diane immediately come to the area in question. 7 Albert and Diane excused themselves, left the meeting and rushed to the area. Upon their arrival they witnessed associates huddling together, talking loudly, and crying. They also noticed several male associates making an attempt to walk Sam Jones, an African American packer from the assembly line, to Diane's office. On the opposite side of the line, other associates appeared to be escorting Juan Cruz, a Hispanic associate up toward Albert's office. Albert and Diane thought it best to immediately split up. Albert began to walk toward his office trying to catch up with Juan and the men walking with him. Diane went toward her office to meet Sam and his group. Other pages were coming across the intercom asking for Victor Pastore, the Plant Director, and Chief Union Steward Michael Crowe. Soon they too had reached the area. All the parties received a quick briefing as to what took place by an associate who had been in the area. Victor and Michael walked toward the larger group assembled and attempted to calm them down. After about 10 minutes most associates began to return to their work stations. Others asked to take a short break. Their request was granted. Diane made it to her office, immediately phoned Joan Rossi from People Services and asked her if she could come down to her office for a few moments. Joan obliged and walked down to join the meeting not really cognizant about what had occurred. They were soon joined by Michael Crowe, the chief union steward. Diane and Michael began to question Sam as to what occurred. Joan listened at first before she also asked a few questions. Sam was a mediocre employee who had been with Wonder Life for about 3 years. His brother Gene Jones, who had been with the company for close to 10 years, was a union steward for the paint department. At the same time in another part of the building, Albert and Susan Wolfe, the Manager of People Services, began to interview Juan. Juan had been with the organization for five years and was an excellent performer. Presently, he was a lead person on one of the assembly lines and filled in as a packer when needed. His wife Lisa Cruz was the Administrative Assistant for People Services. Juan had been the representative in attendance at the central packing team meeting earlier. Albert wanted to make sure that all their actions from here forward were in line with good business practices, contractual guidelines, company policy, and procedure so another union representative was asked to join. In his meeting with Albert and Susan, Juan reported that after his central packing meeting, he went back to his work station. Juan: \"I explained briefly to the team what we talked about at the meeting this morning. I told them a more formal meeting would take place in a few days so that I could explain in more detail the entire process. I went over to my station and began to work. While I was there Sam began calling me names and teasing me. I asked Sam to stop, but he just kept calling me names. Some of them were pretty nasty. After a while I called him a few 8 names back but I kept asking Sam to quit it. He just continued and laughed about it. I don't know why this happened. Sam and I are friends and have been for years. We shoot hoops together on the school playground go to lunch together at work, and also at times drove together to work.\" Susan: \"Then what happened?\" Juan: Well, Sam continued to call me out. He called me some body parts and the ladies on the line were getting pretty embarrassed. I continued to ask Sam to stop or else? Then I'm not sure why I did it but when Sam bent down to pick up a box in order to pack more product, I hit him in the head. I saw some blood coming from his forehead after that. Then we started slapping, punching, and shoving each other around.\" There was a long pause and Juan looked down at the floor. Albert: \"Go on Juan.\" Juan: \"I then saw Pedro, Lewis, and Jose, run over to break it all up. Jose leaped over the conveyor belt and fell. He must have hurt his leg because he was limping when he got to us\". Albert found out later that Jose had gone to the emergency room of the local hospital, received seven stitches, and was released. Juan: \"The three of them split us apart. They held us and tried to calm Sam down. He was all wound up. I saw Jose take Sam to the men's room. I think he was going to clean out the cut over his eye. Hey, I'm real sorry. I didn't mean to hit him that hard.\" Susan: \"Okay Juan, what happened next?\" Juan: \"I think while they took Sam to the bathroom, Pedro took me to Diane's office. There were quite a few people who saw this all happen. They must have heard Sam calling me names.\" Albert: I think we'll probably call them up here later, Juan. Let me write down the names of those that were out there on the lines.\" Albert and Susan put together a list of names who Juan said were working in the area. When the list was completed, they felt they had more than enough information. However, Juan said there was more. Juan: \"Wait there's more. As I was waiting with Pedro by Diane's office, we saw Sam and Jose coming from the bathroom. It looked like Jose was walking him toward your office, Albert. Suddenly, he must have noticed me. He picked up something from the shelves where we are going to put the new conveyor belt and started to run toward me saying, \"you snuck me, I'm going to get you.\" Then Jose and Lewis came over again and tried to hold him back. He swung that pipe real good and it broke on one of the shelves. 9 Thank goodness he didn't hit anyone with it. He just kept yelling and coming at me swinging. Finally, Pedro, Lewis, and Jose held him tight. That's when I moved away and I think you were paged\" At that point, Juan said that was all he remembered until Albert and Diane showed up on the floor. With the agreement of the Union, Susan escorted Juan to the door. They thought it best that he go home for the day and pending further investigation they would contact him as to the next step. Juan willingly left the building. He would be paid for the full day. Before they contacted anyone that saw the incident on the floor, they telephoned Diane. Albert asked how Sam was and told her he'd be down there in a few minutes. Albert and Susan joined Sam in Diane's office with a Union representative. Albert: \"Sam tell us what happened out here today.\" Sam: Juan and me were joking around. I called Juan a name. We was joking. Then when I went to pick up a box to pack some product, I felt something hit my forehead. When I looked up, Juan was taking jabs at me so I defended myself. We got into a little match on the floor. Then I saw Pedro, Lewis and Jose running toward me. After that I don't remember much except being in the bathroom with someone wiping some blood from the cut over my eye where he snuck me. Albert: \"That's all that happened?\" Sam: \"That's what I remember. Oh yea, when Jose was taking me out of the bathroom to the first aid room, I saw Juan at Diane's office. I wanted to go over to him to shake hand and let things go. All of a sudden I saw Pedro and Lewis come running over again and grabbing me. Before they did I picked up something from the shelf to defend myself. I thought they were going to knock me down. All I wanted to do was shake Juan's hand and get back to work.\" After a few more questions, Albert figured the stories were different enough to move ahead with the questioning of others who may have witnessed the event. Susan asked Sam if he felt good enough to drive home. Sam: \"There's nothing wrong with me. My cut stopped bleeding and I want to go back to work.\" Albert: \"Sam, it's best if you go home for the day. I'm going to talk with some others who were in the area. Tomorrow we might want to talk with you more.\" For now though you'll be paid for the rest of the day. It's best you leave.\" Sam: \"So where's Juan? Did he get ditched too? Hey, he snuck me. I didn't do anything, no matter what anyone says around here. I'm telling my brother about this.\" 10 Reluctantly, Sam got up and walked briskly to the door mumbling. He kicked the door opened and left the building while Susan was watching. THE INVESTIGATION CONTINUES Associates were called to Albert's office one at a time. Susan did the same in her office in an effort to speed up the process. Union representation was present in both meetings. They both got bits and pieces of information from everyone who was working on the same assembly line as Sam and Juan. They were also able to obtain some additional information from coaches who had been in the area and other associates who happened to be in the men's room at the time Sam was brought there. Albert and Susan put their notes together from the meetings they held with over 20 witnesses to the event. Their summary noted that Sam called Juan quite a few vulgar names after Juan returned from his meeting. Sam would not let up no matter how many times Juan asked him to stop. Sam just continued and continued. Then he laughed about it. When Sam bent down to pick up a box witnesses did note that Juan smacked him above the eyes and immediately Sam began to bleed. Associates also said that Pedro, Lewis, and Jose ran over and broke up the fight that resulted from the punch. They did so and then took Sam to the men's room and Jose to Diane's office. While in the men's room, other employees came to help. One was also a union steward, Mary Kilmore who had been with the company for close to 20 years. Mary and the others said that while in the men's room Sam was bleeding from the cut over his eye and he kept saying things like: "he snuck me" and \"I'm going to get him." Mary said that Jose tried hard to calm him down and told Sam \"it's not worth it.\" Susan and Albert also noticed there was consistency in what happened after Sam left the men's room. Witnesses reported that after Sam was calm he wanted to go back to work. Others told him to go to the First Aid room while they contact Diane and Albert. The First Aid room was in close proximity to the rest rooms but you would have to go around Diane's office to get there. Sam reluctantly agreed. He was escorted by Jose. As they walked out of the rest room and toward the first aid office Sam, instead of turning toward the first aid room, he immediately turned in the direction of the Diane's office. He saw Juan waiting there with Pedro. Everyone interviewed said they heard Sam yell something to the effect of \"you snuck me.\" Then Sam picked up his pace while Lewis and Jose tried to calm him down once again. Witnesses saw Sam rush overt toward Juan and as he did Sam picked up a piece of PVC piping. Then he started to swing it as he was walking fast. They said the force behind the swing would have seriously hurt someone had he connected. He broke the pipe on one of the shelves. Again Lewis, and Jose came in and held Sam back. Pedro took Juan away from the area. All of this reportedly occurred within less than 12 minutes. 11 With this consistent information from so many witnesses Albert and Susan spoke with John, Victor, Diane, and Michael. They said they had more than enough information and the best decision to make at this moment was to dismiss both associates based upon Article VII, Section 5A of the contractual agreement between Wonder Life and the International Brotherhood of Electronic Workers. \" if any employee represented by this bargaining unit is caught in a fight regardless of who is at fault, they will be dismissed immediately pending additional investigation if deemed warranted. This dismissal will take place without compensation. A thorough and complete investigation will take place by management, with union representation present, as soon as practical. A final report and decision will be provided to the Chief Steward upon completion.\" The preponderance of information gathered pointed to the fact that Sam continually edged Juan on by calling him inappropriate names while in the employ and on the site of Wonder Life. Juan repeatedly asked Sam to stop but Sam did not. Juan reportedly threw a punch at Sam when he bent down to pick up a box. A fight resulted and even after a calming period Sam willfully and purposefully went to attack Juan again. The following day when Sam and Juan arrived Diane and Michael sat with each separately and informed them they were no longer employed at Wonder Life for the reasons stated in the contract under Employee Behavior; Fighting on the premises. They were escorted separately out of the building. As Juan was being walked out he apologized and left the building. Sam, on the other hand immediately consulted with his brother, Gene and filed a grievance, stating he was unjustly terminated. As a member of the bargaining unit Sam had the right to take this action. Sam's position was, \"he thought Pedro, Lewis, and Jose, the three Hispanic employees who reportedly attempted to help on two occasions, were not trying to assist him but rather going to harm him.\" That is why he picked up the pipe and swung it. Sam posited that he did not yell anything at Juan. He did not say \"he's going to get him,\" and he did not swing the pipe at Juan, but rather at Pedro, Lewis and Jose because Sam felt they were going to harm him. THE GRIEVANCE The grievance was accepted by the union which was surprising to management since they had been at every meeting with each witness. The process took its normal course of the contractually agreed upon three step process where management and labor attempt to defend their positions in a series of meetings. The evidence from the witnesses was shared and discussed. During each meeting though Sam denied, refuted, or defended the accusations and eye witness accounts. After several weeks and numerous meetings 12 neither the union nor management was able to reach an accord. Wonder Life, Inc. stood steadfast on the dismissal of both associates. The Union was being pressured by Sam to get him reinstates to his original job. Union representatives made a recommendation to seek arbitration. Arbitration was the end result of a failure to reach an accord during the three step grievance process. The contractual agreement requires binding arbitration. It was well within Sam's rights as a dues paying member of the union to recommend this step in the process. Michael and the union leadership would now need to file the necessary paperwork which would begin the process of arbitration. Initially both labor and management had to agree upon an arbitrator from a list that would be provided by the State Department of Labor. It would take a few weeks for the process to unfold, papers to be filed, and agreements reached. In the meantime Sam would remain dismissed without compensation. He was not allowed on company property. Any discussion with the union had to take place off-site or at their headquarters. Juan did not pursue a grievance. He contacted People Services a few days after the incident and again apologized for his behavior. Juan informed the company he would be looking for another job elsewhere. He inquired how this incident might affect a recommendation, if requested by companies showing interest in Juan. Susan assured Juan that policy at the time was not to provide anything more than a confirmation of dates of employment, position title, and salary. In less than two weeks People Services was informed by his spouse, Lisa, that Juan was gainfully employed at a local warehouse for upscale dinnerware. During the next two months the arbitration process unfolded as expected. The same five names and backgrounds of arbitrators were separately provided by the State Department of Labor to Michael and Albert. If neither one accepted any of those suggested another five would be sent along a few weeks later. As it turned out, it took three attempts (15 names) before one individual was agreed upon by both parties. An arbitrator, Mr. Lee, was selected to hear the case. Mr. Lee had a background with manufacturing and diversity issues. His final decision after hearing the case would be binding. The arbitration process is similar to listening or having a trial in a courtroom. Both sides have the opportunity, through counsel if they choose, to present their case. The grievance is given to the arbitrator for review. During the actual case, witnesses are called and cross examined and any evidence is reviewed. The arbitrator then renders a decision. In this case will Sam be re-instated to his position as he is requesting or will he be dismissed? At the time when both labor and management were preparing their cases for arbitration the news media was covering the S.L. Samson trial live from a courtroom on the West Coast. The break rooms and cafeteria at Wonder Life, Inc. had television capabilities for 13 associates. They were all tuned into one of the most amazing courtroom dramas of the legal system. A football legend, S.L. Samson, was being tried for the murder of his wife and her alleged boyfriend. Flashbacks during commercials of a blue Ford Bronco on a Los Angeles highway being pursued by police continued to pop up on the screens during down time of the trial itself. Associates all had their opinions whether the football legend was guilty or not and the conversations during lunch breaks showed how truly divided and confused employees were about what some claimed should have been a cut and dry case. Associates debated the merits of the legal system and watched in awe on how attorneys worked hard to defend and/or prosecute the most famous legend of the college gridiron. It was a time when Americans were sitting at the edge of their chairs waiting for the verdict from the jury. The courtroom had made it into America's living room. ARBITRATION A date for the arbitration hearing was agreed upon by all parties. The arbitrator, Mr. Lee, showed up at the building of Wonder Life at 7:00 AM to meet and talk with Albert and Michael. The tenor of the union membership was surprised the union even accepted to move this case along. At times some members expressed their concern that their dues were being spent on what they considered a \"losing cause.\" The grapevine in the factory worked quickly and without any recourse to anyone's feelings. Quite a few associates witnessed what occurred and felt that Sam got what he was asking for. Of course his brother, Gene, also a union steward, continued to defend Sam's behavior. Soon it became apparent a dividing line was being drawn. The union leadership was concerned that their members at Wonder Life, Inc. might become angry with the manner in which they were handling this case. None-the-less, they felt everyone deserves a fair hearing and is innocent until proven guilty. \"That's what my dues pay for\" said Sam, one afternoon before the hearing. The arbitration hearing began in the training center at 8:00 AM and lasted until 5:00 PM. Eighteen witnesses from those interviewed were called to testify from the company. They were the same associates who watched it happen first hand. All were cross examined by the union. Some witnesses became emotional once again and cried during the hearing similar to what occurred on the day the fight took place. Mr. Lee requested to be taken on a tour of where the incident took place so that he could see where the first aid room was and where the pipe was swung and where the office of the supervisor was and where the actual fight occurred. Mr. Lee looked around the plant for approximately 45 minutes while on his tour. In general when associates took the stand they expressed their surprise that the case has come this far. They testified the contract is clear; \"ANYONE\" caught in a fight with another employee is dismissed. Zero tolerance for this behavior. It is like in High School, 14 said one associate, \"it is tough to prove who threw the first punch, or who called the first name, you both go to the principal's office and most likely you both get suspended.\" As the day unfolded, witnesses pointed to both employees being equally at fault. Sam swung a pipe. Sam taunted Juan. Juan threw a punch. Sam was rushing over to Diane's office where Juan was waiting. One associate noted when asked what he felt about the whole event that took place, \"Sam was just loosing it, he didn't know when to stop.\" During lunch no one was allowed out of the room. Food was brought in. When the case resumed no matter who was called upon a similar report was given. \"the name calling started by Sam and the pipe was swung by Sam.\" After it ended Mr. Lee promised both attorneys a ruling in approximately six weeks. All parties left without any further discussion. Once back out on the floor the rumors and grapevine took over quickly. Stories ranged from \"Sam was fired on the spot\" to \"Sam is being reinstated.\" Production was at risk of being negatively affected by the chit chat for the day. Albert and Michael waited each week for a decision by Mr. Lee. After eight weeks both sides agreed to call and ask when it would be completed. Sam wanted to know what to do and Susan and Diane were curious whether they needed to hire someone permanently for the position. Mr. Lee apologized and promised it would be in the mail in a few days. THE OUTCOME: Another two weeks passed and the decision arrived via registered receipt mail. Albert called Diane, Susan, and John into his office. He opened up the envelope and began to read the decision out loud to the team. In his decision Mr. Lee ruled in favor of the plaintiff. An excerpt of the decision stated that; \"Overall it is the feeling of this arbitrator that Sam\" an employee of Wonder Life, Inc. undoubtedly felt his life was in jeopardy at the time of this incident. The three Hispanic gentlemen supposedly coming to \"quell\" the fight and \"help out\" were most likely in the mind of the plaintiff, trying to do him additional harm since they were all of one race other than his own. It is therefore in the opinion of this Arbitrator, Mr. Lee, that the plaintiff, Sam, is to be re-instated to his former position or one of equal compensation and level immediately with \"no\" retroactive back pay or benefits.\" This was not at all what was expected. Those assembled in Albert's office thought it was an open and shut case. John needed to read it himself. \"Could this be true?\" said John. \"The testimony was clear enough from the witnesses. Those three guys; Pedro, Lewis and Jose came to help and assist, not to harm. At least that's what I heard everyone say. What about the swinging of the pipe. That happened after the punches were thrown by Sam and Juan; quite some time to be exact. Along with that fact, the punches that were actually thrown were thrown before these three guys came to assist. They actually had to restrain him twice. Jose went to the 15 hospital and received stitches in his knee as a result of jumping over the conveyor belt and slipping while doing so. Is this guy, Mr. Lee crazy or what?\" A phone call was made to Michael. He said he had not opened his mail as of yet. When he got off the phone Michael did so quickly. He called his team to his office. The decision astounded even the union, and union counsel. Since this was contractually \"binding arbitration\" there could be no appeal. Wonder Life, Inc. had to live with it. As the decision was communicated to the various sectional stewards the membership were also amazed. One member asked, \"so if someone fights or does not listen to management, like in this instance to go to get first aid or if someone attacks someone or others with a pipe, it's apparently okay?\" Sam was reinstated as per the court's decision. He was not an ideal employee following the incident. He would not participate during team meetings, snapped at fellow workers and began to disregard requests from his advisor. Sam's arrogance increased with each passing week. His co-workers did not want to get close to him for fear of reprisal. Two months after being reinstated, Sam found himself in trouble with the law again. This time it took place outside the workplace. He was arrested allegedly selling illegal drugs in a school zone. He was incarcerated prior to standing trial. He did not call out from work and no word came from his brother. The contractual agreement cites; \"if any employee or a representative of the employee does not call the company after three consecutive days of absence without notification, it will be determined that they have abandoned their position at Wonder Life, Inc. Therefore they will be dismissed without recourse.\" Sam was released from the company. Two months later a local newspaper reported that Sam was found guilty of selling drugs in a school zone and sentenced to prison. 16 ADDITIONAL RESOURCES Anonymous (2006, April - May). Bullying in the workplace. The British journal of Administrative Management, 29. Anonymous (2008). Workplace violence update: What you should know now. HR Focus, 85(6), 7-11. Baron, R.A., & Neuman, J.H. (1996). Workplace violence and workplace aggression: Evidence on their relative frequency and potential causes. Aggressive Behavior, 22, 161-178. Cable, J. (2007). Survey: Half of Americans have experienced workplace bullying. Occuptational Hazards, 22. Retrieved February 21, 2009, from Research Library database. (Document ID: 138243571). Dickens, W.T. & Leonard, J.S. (1985). Accounting for the decline in union membership. Industrial and Labor Relations Review, 38(3), 323-333. Fuller, G. (2006, October). Staff pay the price for HR's ambitions. Personnel Today, 10. Keashly, L. (1998). Emotional abuse in the workplace: Conceptual and empirical issues. Journal of Emotional Abuse, 1, 85-117. LaVan, H. & Martin, W.M. (2008). Bullying in the U.S. workplace: Normative and process oriented ethical approaches. Journal of Business Ethics, 83, 147-165. Lee, R.T., & Brotheridge, C.M. (2006). When prey turns predatory: Workplace bullying as a predictor of counteragression/bullying, coping, and well-being. European Journal of Work And Organizational Psychology, 15(3), 352-377. Lewis, D. & Gunn, R. (2007). Workplace bullying in the public sector: Understanding the racial dimension. Public Administration, 85(3), 641-665. Mack, J.A. (2005). The law of bullying off the playground and into the workplace. Bench & Bar of Minnesota, 62(8). 20-24S. Namie, G. (2000). US Hostile Workplace Survey: Survey Results. Retrieved from the campaign Against Workplace Bullying Web site: www.bullybusters.org. 17 DISCUSSION QUESTIONS 1. Define any issues or problem(s) as you see them leading up to the arbitration hearing? 2. Outline the steps you would have followed had you been leading the investigation? 3. What parts of this case would you say are most critical in the decision making process (list 4 only)? 4. How would you set up your case before the arbitrator if you represented the company? The union? 5. What are some questions you might you ask of management's witnesses? Union's witnesses? 6. Why do you think the arbitrator ruled as he did? Do you also feel Sam may have feared for his life? 7. By not upholding the termination of the Sam what would be the overall effect on other employees? 8. Juan never returned. He never grieved the case of his dismissal. Why do you think that happened? 9. How might an incident like this affect management's interpretation of the union contract? Do you think the wording now needs to be changed? 18 Packaging Inner Carton Assembly Operation Outer Carton Shipping Figure 1: Old Method of Packaging 19 Carton Placed on Conveyor Belt To Central Packing Assembly Operation & Packaging into Inner Cartons Central Packing Sorts Product to be Shipped Product Loaded on Trucks and Shipped Figure 2. New Centralized Packing Method - Eliminating Process Steps 20