Discipline Case (10 marks; 10%)

1. Assignment Description

This case describes a workplace incident that may warrant discipline. As the
Director of Labour Relations for AQE Computers Company, 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. Your Task

In succinct memo format (you may use bullets; full sentences are unnecessary),
indicate what disciplinary action (if any) you will recommend for all the employees
involved in the incident. Plan 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 should not just give
a summary of the case facts.

You should justify your recommendations and complete this assignment in 1 - 2

typewritten pages. Use 1.15 spacing and a font of 12, please.

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Due date: submit your answer before/by Saturday, November 12 at 11 pm by
uploading a copy in the drop box: HRMG-3205/Activities/ Assignments/
Assignment 3 - Disciplinary Assignment.
[see next page for the scenario]

The memorandum should state if the discipline should be hand out and what the
nature of the discipline
Should all the employees be disciplined? Just some of them? The same type for all
of them?
You MUST motivate your reasons!! Why did you believe specific form of discipline
is relevant? And why some employees should NOT be disciplined?
Include the CA provisions!!

Check the TOPIC 5 class and decide which principles are applied to this
situation.
A vague or superficial motivation will NOT give you good marks

Must be SUSCINT no more than 1-2 pages (1.15 space + font 12)
You can use bullet point to make shorter

Write the memorandum very briefly, describe the employees involved & then
decide based on their involvement, their personal circumstances & the principles
to decide which of those are relevant to each specific employee, and what
discipline method is appropriate to each employee
Summarize the fact according to each specific employee

The facts in the background story are relevant for your answer.
Picture the situation in your head

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3. The story of AQE Computers

3.1 Background

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 70 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 The Incident

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
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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.”

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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.

3.3 Additional Information

(1) Collective Agreement Provisions

 typical grievance and arbitration procedures

 when management communicates discipline to an employee, the shop
steward must be present
 previous discipline is not deleted from employee work records after the
passage of time
 although there are different job classifications, it is not uncommon for
employees to work in more than one area

(2) Bruce St. John

 6 years with the Company

 married, no children
 33-years old
 a written warning last month for being late for work
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  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
holidays

(3) Robbie Robe

 3 years with the Company

 married, no children
 39-years 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

(4) Clarence Bail

 10 years with the Company

 married, 2 children
 38-years 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

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