Case study 2

please help asap

only need question 1 and 2 answered

thank you !

In this case, your award should contain: 1. Your ruling on the arbitrability of the grievance. 2. Your rationale in finding on the merits of the case (if arbitrable). 3. If arbitrable, the degree to which you would grant the relief Jones is asking or uphold management. CASE 2 Until the point at which the present grievance was filed, the company has always used its own janitors for cleaning and maintenance. Because of operational requirements, most of this work is performed on the third shift. About 16 janitors are required to maintain the Central City facilities. GMFC has always had problems with absences among its janitors, but since the last contract was signed, the absence rate has increased from an average of about 2.5 percent each week to 20 percent. Because of this increase, housekeeping ugged, and GMFC officials were starting to worry about fire code violations resulting from the superficial cleaning. Management considered discharging those who were dronically absent but found on investigation that absences seemed to rotate systematically among members of the crew, as if they were planned. As a result of management's investigation, Carolyn Foster contacted Matt Duff, Local 384 president, and asked him to enforce the contract and get the janitors' absence rate down. She told Duff that the company considered the action the equivalent of a slowdown and that strong action would be taken if absence rates were not reduced. Duff protested, saying there was no concerted activity behind the absences. When the high rate and rotating pattem persisted, the company discharged the janitors and subcontracted their work to Dependa-Kleen, a full-time janitorial service To the company's pleasure, Dependa-Kleen was able to take over the entire operation at a lower cost than the in-house operation had incurred before the absence problem. On behalf of the janitors, Duff filed a griev. ance arguing the discharges violated Section 4.02 of the contract. He also filed a UI. P charge with the NLRB, claiming the company violated Section 8(a)(5) of the Taft-Hartley Act through its unilateral action in subcontracting the work without consulting or bargaining with the union. The company argued it was justified in replacing the janitors because their systematic absences were a violation of the contract's no-strike or slowdown clause (Section 9.05). The company argued it was entitled to replace the participants consistent with the management rights clause in Section 4.02 Assume the festimony at the hearing does not seriously challenge the evidence management has gathered on the increase in absences among the janitors. In this case, decide the following: 1. Would you find the grievance arbitrable given the ULP charge filed by the union? 2. Assuming you find the grievance arbitrable, frame an award and justify it. CASE 3 The maintenance electricians in the unit are assigned to repair jobs around the Central City facilities shortly after they report to work at their central shop at the beginning of a shift. Before ratification of the most recent contract, electricians traditionally returned to the shop for their aftemoon coffee breaks. All of the electricians left their work so that they would arrive at the shop at the beginning of the break, and they left the shop at the end of the break to return to work. among the janitors. In this case, decide the following: 1. Would you find the grievance arbitrable given the ULP charge filed by the union? 2. Assuming you find the grievance arbitrable, frame an award and justify it