Arbitrator Case Summary

Satisfactory Essays
Issue: The issue at hand is whether or not a court could disregard the decision made by an arbitrator regarding “whether or not the [workplace] rule was reasonable and whether or not the employee violated it” (77). In this case, the arbitrator decided in favor of an employee who did violate an agreement between his employer and the union that negotiated the conditions of employment on his behalf. The arbitrator agreed that the employee did break a rule, but wasn't sure that the violation should have resulted in termination. Did the arbitrator step outside of his/her bounds? Rule: Under the Defects in the Arbitration Process section: “4. The arbitrator exceeded his or her powers or failed to use them to make a mutual, final, and definite…show more content…
The agreement stated that the arbitrator is limited to deciding if the employee violated a rule, and if so, was the rule that was broken a reasonable one. The solution that the arbitrator presented addressed the violation and the reasonableness of the rule, but then acted contrarily by stating that s/he “was not totally convinced” that Horton handled the situation correctly, leading to an order that the employee should be reinstated. If the arbitrator had followed the limits of the agreement, Mr. de la Garza should have had his employment terminated (he did break a reasonable rule), and because of the behavior of the arbitrator, a court should be able to set aside the order if Horton decided to take the matter further. I am strongly in favor of ADR in the majority of cases. It appears to be a less aggressive approach to solving conflict, and I think that that's something that every society could benefit from. Also, as court costs rise, budgets get cut, and the business environment becomes more competitive, using ADR techniques seem like a good way to maintain efficiency. After reading this chapter, I expect that I will have to sign a contract including an ADR clause at some point; as long as the clause isn't completely in favor of the other party I wouldn't have an issue with it. In fact, I would bet that if I look through all of the contracts that I have entered in to over the last few years, I can probably find multiple ADR
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