A company, HA, and its workers entered into a collective bargaining agreement. The agreement stipulated that if any employee violated any work-place-rule, that employee would be discharged. The discharged employee could submit the case for arbitration. The agreement restricted the subject matter of arbitration only to determination of the rule being reasonable and its violation by the employee. An employee, RG, was discharged and he appealed for arbitration. The Arbitrator passed the order of reinstatement in favor of RG. The order was appealed against in the court. To Explain: The extent of power of the courts to set aside an arbitration order.

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Business Case Problem with Sample Answer—Determining Employee Status. Nelson Ovalles workedas a cable installer for Cox Rhode Island Telecom,LLC, under an agreement with a third party,M&M Communications, Inc. the agreementstated that no employer-employee relationshipexisted between Cox and M&M’s technicians, includingOvalles. Ovalles was required to designate his aliation withCox on his work van, clothing, and identication badge. Coxhad minimal contact with him, however, and had limitedpower to control how he performed his duties. Cox suppliedcable wire and similar items, but the equipment was delivered to M&M, not to Ovalles. On a workday, while Ovalleswas fullling a work order, his van rear-ended a car driven byBarbara Cayer. Is Cox liable to Cayer? Explain. [Cayer v. CoxRhode Island Telecom, LLC, 85 A.3d 1140 (R.I. 2014)] (SeeAgency Law.)

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Chapter 2, Problem 6BCP

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Case Summary: A company, HA, and its workers entered into a collective bargaining agreement. The agreement stipulated that if any employee violated any work-place-rule, that employee would be discharged. The discharged employee could submit the case for arbitration. The agreement restricted the subject matter of arbitration only to determination of the rule being reasonable and its violation by the employee. An employee, RG, was discharged and he appealed for arbitration. The Arbitrator passed the order of reinstatement in favor of RG. The order was appealed against in the court.

To Explain: The extent of power of the courts to set aside an arbitration order.

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Business Case Problem with Sample Answer—Determining Employee Status. Nelson Ovalles workedas a cable installer for Cox Rhode Island Telecom,LLC, under an agreement with a third party,M&M Communications, Inc. the agreementstated that no employer-employee relationshipexisted between Cox and M&M’s technicians, includingOvalles. Ovalles was required to designate his aliation withCox on his work van, clothing, and identication badge. Coxhad minimal contact with him, however, and had limitedpower to control how he performed his duties. Cox suppliedcable wire and similar items, but the equipment was delivered to M&M, not to Ovalles. On a workday, while Ovalleswas fullling a work order, his van rear-ended a car driven byBarbara Cayer. Is Cox liable to Cayer? Explain. [Cayer v. CoxRhode Island Telecom, LLC, 85 A.3d 1140 (R.I. 2014)] (SeeAgency Law.)

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