Welding Connection

Marjorie Corman Aaron and Jim Lawrence

Four-person grievance mediation among counsel for a welding company, a union representative, and a discharged employee over the legitimacy of the discharge, which was based on a positive drug test

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SCENARIO:

Sam Solder is a 55-year-old welder previously employed by Airtight Welding. Recently, he was discharged under Airtight’s “no tolerance” rule against the use of drugs in the workplace. Sam requested this grievance mediation under Airtight’s labor agreement with the National Welder’s Union because he believes he was discharged without just cause. If this mediation is not successful, Sam may request that his challenge to the discharge be arbitrated under the collective bargaining agreement. Additionally, he may file a claim with the Equal Employment Opportunity Commission (EEOC).

 

PROCESS THEMES:

  • Partisan perceptions based on one’s frame of reference and a lack of access to all of the relevant data
  • The influence of one’s BATNA (Best Alternative to a Negotiated Agreement) on mediation
  • Principal/ agent tensions arising from the sometimes differing interests of the principal and the agent.
  • The effectiveness of various mediation strategies on a grievance dispute

 

MATERIALS INCLUDE:

  • Confidential Instructions for Sam Solder
  • Confidential Instructions for the Representative of the National Welders Union
  • Confidential Instructions for Counsel for Airtight Welding
  • Confidential Instructions for the Mediator

 

Teacher’s Package Includes:

  • All of the above
  • Teaching note

 

Welding Connection Attributes

Time required:
1-2 hours
Number of participants:
3
Teams involved:
Yes
Agent present:
Lawyer, Non-lawyer
Neutral third party present:
None
Scoreable:
No
Teaching notes available:
No
PON Clearinghouse

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