“ALL IN GOOD FUN”

By: Donald S. McPherson (Updated 8/6/18)

Roles

​UNION ​MANAGEMENT
​
​Two Grievants ​Employee Relations Manager
​Union President ​Personnel Assistant for
​ Equal Employment
​ Opportunity

Roles of the Grievants

Your names are Nick Matus and Andy Bernat, good friends who have been employed by
Quantum Electric Supply Company since 2006 .You work in a three-person productivity
group in the lighting department with Virginia Piper, who was hired about three weeks
ago. The three of you get along fine, although things were even better when Charlie
Freid, the former member of your group who was replaced by Virginia, was working with
you. He left for a job in Houston. Virginia is one of the few women in your department.
Most of the women working in the production departments have been hired in just the
last two or three years.

It has been a common practice among the workers in your department to ambush a
coworker who has become engaged. On the way to the locker room at the end of the
shift, he is stripped and thrown in the shower. When it became known last week that
Virginia had just become engaged, the guys began daring each other to give her the
standard congratulations party. The few women who work in the shop have their own
small locker room but no shower. Since “arranging the party” would be easiest for you
two, because you work closely with her, you accepted the dare.

The task of your productivity group is to assemble light fixtures. Someone in the group
must leave periodically to get more components from the supply room. At the end of the
shift, it’s customary to restock the work station completely for the incoming crew on the
next shift. As agreed among the men, toward the end of the shift yesterday, June 11 the
two of you told Virginia that you were going to the supply room to restock components.
The supply room is right beside the men’s locker room. The plan was to wait until
before the end of the shift to call Virginia to the supply room where you two would
quickly do the stripping and then carry her into the locker room and the shower, where all
the other partygoers would be waiting to convey their congratulations.

You called to Virginia and asked her to come to the supply room to help with the last box
of components. When she came in, you quickly closed the door. Nick grabbed her
around the waist from behind, telling her not to worry and explaining that this was the
traditional engagement congratulations. Andy tried to unbutton her shirt, telling her that
all you would be doing is throwing her in the shower. (There had been some dares to
strip her completely, but everyone assumed that she’d probably end up going into the
shower with most of her clothes on, either because you two would chicken out or because
she’d put up a fight.) Virginia did put up a fight and started screaming. You let her go
and she ran from the room accompanied by the boos of some of the guys waiting outside,
some yelling that she should come back, that it was “all in good fun.”

Virginia apparently went directly to the department supervisor, J. W. Rhoades, who

appeared at the locker room just as you were leaving for home. He told you that he
wanted to see you in his office immediately. You went, but not before finding your shop
steward, Lenny Colosimo, to go along. A number of the guys also went with you for
moral support.

In the office, Rhoades confronted you with the story that he had heard from Virginia
Piper. You didn’t deny being in the supply room or trying to take off her shirt. But you
both strongly denied attempting to harm or molest her in any way, explaining that it was
part of the standard party since she had just become engaged. The men who had
accompanied you agreed, telling Rhoades that it was all in good fun. Rhoades knew
about the standard party; the supervisors generally looked the other way when it
happened unless things got so rowdy that someone might be hurt. When you told him
that’s what was going on, he blew up, saying that he couldn’t believe that you would be
so stupid and irresponsible.

Rhoades said that what you had done was so serious that he was suspending both of you
immediately, pending a full investigation into the incident. He also said that you might
be fired for your actions and that, if he were you, he’d give some thought to getting a
lawyer in case Virginia decided to press charges. Colosimo, your steward, tried to talk
Rhoades out of the suspension, but Rhoades only got angrier. Colosimo then told
Rhoades that the union would be grieving his discipline. When you all left the office,
Colosimo told both of you to make arrangements to see Martin Lowes, the union
president, to tell him the complete details and said that he’s send a report to Lowes to fill
him in beforehand.

Role of the Union President

Your name is Martin Lowes. You are president of the union local that represents
employees of the Quantum Electric Supply Company. You work on the evening shift and
found the following note from the shop steward, Leonard Colosimo, when you came in
for the 11 p.m. shift today, June 11:
​
​Marty:
Andy Bernat and Nick Matus, who work in the same productivity group in
the lighting department, were suspended today by Rhoades, their supervisor. Their
suspension begins immediately pending investigation.

Andy and Nick, responding to dares from the guys, took the third member
of their group, Virginia Piper, into the supply room and tried to remove her
blouse. She screamed and struggled and ran out to tell Rhoades. As bad as this
sounds, it was all part of the traditional congratulations. Virginia had just let it be
known that she was engaged. The plan was to try to strip her and throw her in the
shower just like the guys do when any of them gets engaged. Virginia has only
worked here three weeks, so she didn’t know anything about the custom.

I talked with her after the incident at the end of the shift and explained that
the men meant no harm and that they really didn’t expect to be able to strip her. I
told her that they wouldn’t even have tried it if they didn’t consider her one of the
guys and that she shouldn’t be upset. I also tried to talk with her about
responsibilities to fellow union members who had no intention of hurting her. She
believes me but can’t believe they’d do that to her. And she thinks Andy and Nick
were too rough with her. She said that she won’t be pressing any charges
with the police and she herself won’t pursue anything with management-and
wouldn’t testify against them – but that she also wouldn’t go out of her way to
have the matter dropped. She was awfully angry. She has already given a
statement to plant security at Rhoades’ orders right after the incident: she told me
that it was only a few sentences, saying that they tried to take off her blouse.

​Rhodes understands the traditional congratulations party very well. There

was no need for an immediate suspension – Bernat and Matus aren’t any danger
to anyone. And Rhoades told them that they may be discharged – that isn’t
progressive discipline. Besides, his action is based totally on a report: he didn’t
see anything personally.

​I told Nick and Andy to contact you and fill you in completely so that you
could file a grievance. Maybe they used bad judgment and should be
reprimanded - but certainly not suspended or discharged.

​Lenny

​Normally you first would talk with the supervisor involved, in this case
the lighting department supervisor, J. W. Rhoades. But since Rhoades has already
issued the discipline, the grievance will go directly to Dick Robel, the employee
relations manager.

​At least, the company will probably accuse Bernat and Matus of
horseplay. At the worst, they may be charged with assault or sexual harassment.
But management is on thin ice. The “standard parties” are known to supervisors
and have been condoned.

Role of the Employee Relations Manager

Your name is Dick Robel. You are employee relations manager at the Quantum
Electric Supply Company. You were away from the office on a business trip
yesterday and found the following note from Supervisor, J. W. Rhoades on your
desk this morning, June 12, when you came in.

Mr. Robel:

​Shortly after the end of day shift today, June 11, I suspended Andy Bernat
and Nick Matus effective immediately, pending an investigation.

​Matus and Bernat work in a three-person productivity group with Virginia

Piper, an employee hired only three weeks ago. Just at the end of the shift, she
ran into my office, screaming and nearly hysterical, saying that Matus and Bernat
 had grabbed her in the supply room and tried to take off her blouse. She said that
she thought that they were playing some kind of cruel joke – she didn’t think that
they were trying to rape her or anything – but that they had been rough with her. I
told her to go to the security shanty immediately to give a statement and wait for
me there.

​I then went to the locker room to confront Bernat and Matus, telling them
both to come to my office. They came, along with their steward, Lenny
Colosimo; a bunch of the men tagged along behind. Apparently they had been
dared to give Virginia the standard congratulations party since she had told
everyone that she just got engaged. What usually happens when one of the men
gets engaged is that they jump him at the end of the shift, strip him, and throw
him in the shower.

​Frankly, I believe them – I don’t think that they meant her any harm and
she wasn’t hurt in any way. All the men back them up. But I’m still steaming
that they’d be stupid and irresponsible enough to pull that stunt with one of the
women. And they did seem a little sarcastic to me about what had taken place.

​I told them that what they had done was serious and couldn’t be tolerated.
I think that the immediate suspension was justified and I told them that,
following the investigation, they might even be discharged. I also told them that
they might want to think about getting a lawyer in case Virginia pressed charges.
At the very least, I think that we have to give them a stiff suspension and I
believe that we should consider discharge. This was a serious matter.

​When I went down to the guard shanty to talk to Virginia again, she had
calmed down quite a bit. She did give the guard a statement, but a very short one.
She told me that since she didn’t think they intended to assault her, she wouldn’t
testify against them for company discipline and wouldn’t make any accusations.
But she said that she wasn’t going to cover up anything either or say that it didn’t
happen. She asked if she could be transferred to another work group and I told
her she would be, effective immediately.

​I’m sure that you’ll get a grievance from the union. Let me know if you
have any questions.

J. W. Rhoades
Lighting Dept. Supervisor

When you get union grievances, they are usually filed by the local president.
Martin Lowes. Just to be on the safe side, you decide to consult with Mary
Washington, the personnel assistant for equal employment opportunity and
affirmative action, and have her participate in all grievance meetings concerning
the incident. You’ll need to give her a complete report.

Role of the Personnel Assistant for EEO

Your name is Mary Washington, personnel assistant for equal employment opportunity
and affirmative action with the Quantum Electric Supply Company. You received a call
just a few minutes ago this morning, June 12, from the employee relations manager, Dick
Robel. He said that there was an incident in the lighting department yesterday involving
two male employees trying to remove the blouse of a female employee as part of a
practical joke. Robel said that he’d like to talk with you as soon as possible about the
company’s position with respect to discrimination contract provisions. You’ll be seeing
him in just a few minutes.

Additional Relevant Information

ARTICLE XII

…Employees will not be suspended, discharged, or otherwise disciplined

except for just cause. Ordinarily, except in the case of major offense, the
standards of progressive discipline will be utilized.

ARTICLE II

No employee shall be discriminated against in employment by the

Company, the Union, or any other employee, on the basis of race, color,
sex, religion, age, handicap, or national origin.

PLANT RULE 6

Horseplay and gambling during working hours or at any time on company

premises are strictly prohibited.

STATEMENT OF VIRGINIA PIPER

At the end of the shift today, the other two members of my productivity
group, Nick Matus and Andy Bernat, called me into the supply room.
After I went in, they closed the door and one held me while the other tried
to take off my blouse.

I screamed and shoved at them and they let me go. I ran to Mr. Rhoades’
office to report the incident. I do not believe that they were trying to
assault or rape me. But I do believe that they were playing some kind of
cruel joke and they were rough with me, although I was not injured.

s/Virginia Piper
Taken by W. P. Whitlock
Plant Security 6/11