1. Which arguments should be given more weight: those based on company policy, the employee handbook, and the labor agreement, or mitigating factors given by the grievant and his witnesses? Explain.
2. How might unprofessional conduct be defined? Explain.
3. If you were the arbitrator, how would you rule in this case? Explain fully the reasons for your decision.
At the arbitration hearing, both parties were adamant in their positions. Nancy Huang, HR manager of Phoenix Semiconductor, argued that the grievant, Jesse Stansky, was justly terminated for arguing and hitting a co-worker—a direct violation of company policy and the employee handbook. Stansky argued that he had been a good employee during his ten years of employment.
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