Discipline Case (10 marks; 10%) Leessjgnmentnescption This case describes a workplace incident that may warrant discipline. As the Director of Labour Relations for AQE Computers lCompany, you are expected to decide what discipline (if any} is warranted based on the facts of this case. In providing a written account of your decision, you should state what events, circumstances, and facts you relied upon. You should also demonstrate how you applied the *criteria that arbitrators use when determining whether or not appropriate discipline has been handed out to an employee. You should indicate what the discipline is for and what type of discipline is to be handed out. If you recommend a suspension, you must indicate whether it is for 1 day, 2 days, 1 week, etc. (or whatever period you decide) and the reason why you chose that period, i.e., be specific. If you recommend that an employee should not be disciplined, you must explain your recommendation, i.e., \"why" discipline is not warranted. The reasoning supporting your recommendations is very important. Also, refer to the next section, \"Your Task." 2. Ypur Iask In succinct. memo format (you may use bullets; full sentences are m}, indicate what disciplinary action (if any) you will recommend for all the employees involved in the incident. Elan your answer before typing it: lengthy, \"wordy", muddled sentences will cost you marks. You may reference important case facts to motivate your recommendation and you must apply relevant disciplinary criteria, referred to at * above. Thus, reference key facts and the applicable disciplinary criteria as to explain briefly how these have influenced your thinking, but you Wjust give a summary of the case facts. You should justify your recommendations and complete this assignment in :l. - 2 typewritten pages. Use 1.15 spacing and a font of 12, please. 3. Ihe story of AQE Computers 3.1 Backgmuad AQE Computers is a distributor of name brand computers and peripherals in Burnaby, BC. It distributes monitors, printers, scanners, and other peripherals for a wide range of suppliers. AQE also manufactures no-name computers, which are custom made-to-order for small computer outlets. The Company employs 100 people, of which 7'0 work in the warehousing and computer assembly areas. The employees are represented by the Computer and Allied Workers Union, Local 56. The bargaining unit was certified in 2020. In general, labour-management relations between the Company and both its employees and the Union are good. Collective bargaining negotiations are, however, usually difficult because the Company is in a very competitive industry and the Union always presses for rates of pay and benefits such as those achieved in larger warehousing operations. There is always a certain amount of tension in the workplace. Due to the very competitive nature of the product market, the Company is in a business that operates on a \"just-in-time\" basis, which frequently creates pressure to meet tight production and delivery targets. The Company also operates a small over-the-counter service that sells directly to local retail customers who pick up their own merchandise or do so by courier. Customers enter through a secured back entrance and enter a large room with a service counter. The main warehouse is on the other side of the counter, in full view of customers. Customers are serviced by warehouse personnel who in turn pick up their orders from stock (if not already pre-picked and held at the counter} and complete the necessary payment transactions. Given the high value of inventory on hand and as a deterrent to theft, the Company employs three security guards who move about the entire workplace, including the sales and accounting areas, on a random basis. 3.2 Mien: Earlier today, at approximately 2:30 p.m., a customer entered the over-the- counter service area to pick up a new computer system. The order had been placed early in the day for pick up by 12:00 noon. As on many other days, it was very busy at the counter. A number of customers were in the process of being served. A courier driver was waiting for a product, another customer was engaged in a discussion over payment, and this new customer was late and very much in a hurry. The customer was approached by Clarence Bail, a counter rep, who located the paperwork and then proceeded to check three holding areas for the computer system. The order was not there. Clarence turned around, saying he would be back in a minute, and headed down one of the aisles. Shortly thereafter, Clarence reappeared, heading toward the customer service counter along with another employee, Robbie Robe. Robbie is one of the warehouse employees responsible for picking and assembling orders. Clarence, looking very irritated and waving the paperwork as he walked, was speaking with Robbie as they walked together. Clarence was questioning Robbie about the status of the order in a loud, critical, and in essence, unpleasant manner. At about this moment, they were met by Bruce St. John who was walking by and carrying an order of several boxes containing video cards. Robbie immediately reached for and grabbed Bruce's arm, saying, \"Hold on!,\" to stop his progress. Bruce, surprised and caught off guard, struggled to avoid dropping the items he was carrying. With Bruce at his side, Robbie proceeded to inform Clarence that it was Bruce who picked the order, not him, and that Bruce is the one who screwed up. Bruce reacted by sneering at Robbie, saying he was working at the customer service counter today, and then said that Robbie was wrong again as usual. Clarence, realizing customers could see and hear this argument, decided that this was not the time and place for an outburst and instructed Bruce to stop what he was doing and get the order picked because he had an impatient customer waiting. Bruce immediately dropped the boxes and fired back that he was fed up, and that he was certainly not going to do Robbie's work. Bruce added that it was Robbie's fault, and he was not going to fix his mistake. Besides, he (Bruce) had another customer waiting at the back-shipping area for the video cards. Bruce added that Clarence needed to get lazy and useless Robbie to do his own job. Robbie fired back saying, \"Look who's talking you always keep all of your customers waiting forever." Clarence interrupted at this point and said to Bruce, \"Look here, I told you to find this customer order." Robbie chimed in and told Bruce, \"Yeah, pal, it's time to get your butt moving\" and \"Come on, move it, move it ...\" and placed his hand on Bruce's shoulder as if to gently push him forward. With that, Bruce turned and took a swing at Robbie, hitting him on his shoulder, and from there the two engaged in pushing and shoving. They both finally fell to the floor in a nasty scuffle. It took Clarence and a security guard to separate the two. Clarence, who is the lead hand in the area (he is a member of the bargaining unit, but he is also the Head Counterperson and leads and directs other counter personnel, for which he receives an additional, small wage premium}, reported the incident to your management colleague, Susan Smart: Director of Operations. Susan told Robbie and Bruce that they were both suspended without pay until further notice. It is the day off for the union shop steward who is not at work today. Susan Smart has asked you, the Director of Labour Relations, to decide what discipline the Company should give these two employees. She does not think that Clarence should be disciplined, but she is leaving that decision to you since you are the expert in labour relations matters. 3.3AdditianaLInfacmatian (1) Collective Agreement Provisions I typical grievance and arbitration procedures I when management communicates discipline to an employee, the shop steward must be present I previous discipline is not deleted from employee work records after the passage of time I although there are different job classifications, it is not uncommon for employees to work in more than one area (2) Bruce St. John I 6 years with the Company I married, no children I 33-years old I a written warning last month for being late for work (3) (4) I'll... I I I I a written warning 6 months ago for refusing a legitimate shift change on personal grounds (the Company had issued a 1-day suspension but settled for a written warning when it was grieved by the union) a 2-day suspension two years ago for being away from work without leave for a one-week period a three-month absence due to a work-related injury 4 years ago, otherwise mostly regular attendance sort of a relief shop steward fills in when the shop steward is on hoHdays EthiLBQb 3 years with the Company married, no children 39-yea rs old no favourable or unfavourable entries in his work record qualified first-aid attendant unsuccessful on an application for promotion 6 months ago suffers from chronic pain in his neck due to a car accident and, as a result, has been off work for several days from time to time fired from a previous job in a different industry 10 years ago macenceail 10 yea rs with the Company married, 2 children 38-yea rs old transferred over from computer assembly 1 year ago no training in supervision did receive a written warning at the start of his employment with the Company on issues related to productivity