Last Chance Agreements

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Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

Labor Arbitrator Authorized To Void Agreement Based On Mutual Mistake

This week the Eighth Circuit confronted an interesting question: if a union member believed he failed a drug test, and therefore agreed his employer could terminate him if he tested positive again, can the arbitrator...more

Last Chance Drug and Alcohol Use Policy Did Not Violate ADA

Some employers believe in giving employees a second chance. When the reason for taking action is related to drug or alcohol use, employers frequently require employees to agree to certain terms as a condition of returning to...more

“Cardinal Rule” Safety Violation Warranted 6-Month Suspension, Last-Chance Order

A millwright who violated his employer’s “Cardinal Rules” by committing a lock-out violation, deserved a six-month suspension and with a last-chance stipulation, an arbitrator has held. The company’s decision to dismiss the...more

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