Question : In this case study you will be assuming the role of an arbitrator , i
ID: 395545 • Letter: Q
Question
Question: In this case study you will be assuming the role of an arbitrator, in your opinion, how could an arbitrator decide this disagreement and give something to both sides such as allow both sides to “win” some issues and “lose” some issues? Propose a solution that both sides might agree to and also summarize the whole content.
Case Study: Ramp agents of Southwest Airlines load and unload baggage from aircraft and also collect baggage from customers as they board the aircraft. The union states that Grievant B, a ramp agent with 13 years of experience, is being discriminated against because management at its Love Field Operation in Dallas, Texas, requires him to wear his long hair tucked beneath a cap, but female ramp agents and male maintenance employees are not required to wear caps. At an arbitration hearing, the company testified that its grooming rules have been enforced on a uniform basis. All male ramp agents have been treated the same, and all female ramp agents have been treated the same. The company argues that discrimination is permissible as long as it is not unlawful and as long as differences in grooming standards that do not unreasonably inhibit work opportunities are permissible under Title VII of the 1964 Civil Rights Act. The company also states that the issue of an alleged discrimination with respect to male maintenance employees is beyond the scope of this grievance because a separate labor agreement exists between maintenance employees and the company.
Explanation / Answer
THIS PROBLEM COULD BE SOLVED THROUGH SACRIFICE ON BOTH THE PART OF THE GRIEVANT AND THE COMPANY
THE COMPANY WOULD REMOVE THE RULE FOR HATS AND "LONG HAIR" EMPLOYEE DISCRIMINATION AGAINST THE GRIEVANT AND IN RETURN HE WOULD NOT FILE THE GRIEVANCE AGAINST THE COMPANY
SINCE BOTH PARTIES ARE FOLLOWING THE LAW GRIEVANT (LABOUR/UNION LAWS)
AND THE COMPANY IS FOLLOWING Title VII of the 1964 Civil Rights Act. THEY ARE BOTH RIGHT AT THE SAME TIME AND ALSO WRONG
SUMMARY: RAMP AGENTS OF AN AIRLINE WHO COLLECT BAGGAGE AS CUSTOMER BOARD IT, HAVE AN ISSUE WITH DISCRIMINATION FROM AN EMPLOYEE WHO KEEPS LONG HAIR AND THEY HAVE MADE A RULE FOR HIM TO WEAR A HAT AT ALL TIME BUT THE OTHER EMPLOYEES ARE NOT MADE TO WEAR A HAT, THE COMPANY STATES THAT SINCE THE DISCRIMINATION IS NOT BREAKING ANY LAW UNDER Title VII of the 1964 Civil Rights Act. THEY ARE NOT LIABLE TO, AND THE COMPANY WILL NOT SEE THAT MALE MAINTAINANCE EMPLOYEES IS BEYOND THEM
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