When Internatioal Buyers and Sellers Disagree

These are some of my opinion from case study that based on The Seven Tests of Just Cause.

1. Was the worker given advance warning of the consequences of his or her conduct?

- I would say, yes because Norbuck should know the consequences of conceal his education background and his previous work experienced.

2. Was the rule, order, or standard reasonably related to employee performance?

- No, I don't think that he has a problem with workplace rule, management order, or performance standard.

3. Was the alleged violation thoroughly investigated before discipline?

- Yes, Napoli, Local 55's grievance committee chairperson, and Norbuck discussed about Napoli's investigation and her findings about his previous education and work experience.

4. Was the investigation fair and objective?

- Yes, because Local 55's grievance committee chairperson was participating in the investigation that mean the company didn't discuss with Norbuck only but they invited the third person for their investigation.

5. Did the investigation reveal convincing proof of guilty?

- Yes, Napoli was finding about Norbuck previous education and work experience that he concealed his information on a job application.

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6. Was the employer's discipline nondiscriminatory?

- Yes, I didn't see any discrimination in the case study.

7.Was the discipline reasonably related to the worker's record and the severity of conduct?

- No, Norbuck has not been disciplined in the past for the same misconduct.

Questions from case study

1. Assume the role of Susan Napoli. How would you try to convince that the dismissal was legitimated?

- If I were Susan Napoli, I would mention about Pennsylvania law that a person who deceit is interpreted to consist of fraudulent misrepresentation of material facts in a business transaction that is calculated to induce reliance, and that actually causes reasonable and justifiable reliance, to detriment of the reliant.

2. Assume the role of Local 55's grievance committee chairperson. How would you try to convince an arbitrator that the dismissal violated the collective bargaining agreement?

- If I were Local 55's grievance committee chairperson, I would mention that Norbuck had successfully completed the probationary period for new employee that mean his performance was satisfied for the company, why the company dismissed him,