An employee was guilty of misconduct, including threatening a supervisor. He was discharged and a grievance was filed. During the grievance procedure it became apparent that the employee had an alcohol problem. The grievance was settled pursuant to an agreement that provided the grievor would be on probation for a year and seek treatment. The agreement also provided that if the employee was absent from work without a reason acceptable to the company he would be discharged without recourse to the grievance and arbitration procedure. Four months after the grievor was reinstated there was another absence for two days. The employer terminated the employee.

(a) Can a union and the employer agree that the grievance and arbitration procedure will not be used?

(b) Is there any problem with this agreement? That is, is there any way the union can avoid the termination?