Consider the following case.

A substantial snowfall in Buffalo, NY required a new employee to learn to use the snow blower. His supervisor provided instruction. At one point in the several minute demonstration the supervisor noted that on occasion the heavy, wet lake effect snow might clog the machinery's chute. He told the employee to place his arm into the chute to remove the clog. During the training event, with the motor running, the supervisor demonstrated this process. What the supervisor failed to tell the new employee was not to extend his arm past a flange protruding near the base of the chute. Going past the flange would put his fingers at risk of injury. The first day of use the employee lost two fingers on his right hand as he tried to unclog a chute.

In conducting an investigation of this incident, the supervisor was deemed to have improperly trained the new employee. Based on the severity of the consequence the supervisor was fired.

As the last step in the grievance process (this was a unionized setting), the supervisor appealed his case to a labor arbitrator. Think about what we know so far and assume all the above facts are true: How would you decide the case?

The alternative choices are:

Multiple choice question

A) The employee is guilty and should be fired.

B) The employee is guilty and should be suspended one week without pay.

C) The employee is guilty and should receive a letter of reprimand.

D) The employee is not guilty.

Please explain your choice