Nurse Kevin Arbitration

Nurse Kevin Arbitration
Student’s Name
Institutional Affiliation
Nurse Kevin Arbitration
Nurse Kevin’s case offers a unique platform to assess the primary approaches and considerations required for an effective arbitrator. In any employment setting, both employees and the employer have guiding laws and principles that define the nature of their behaviors and interactions. In this case, Nurse Kevin Hyer is the employee who feels grieved after a suspension stemming from his decision not to execute a designated responsibility. The nurse’s employer, Nittany Regional Medical Center, believes that the nurse failed to obey the terms of his contract besides violating the basic ethical guidelines that streamline their operations. For the arbitrator to settle the case objectively, it is necessary to listen to both parties. This arbitration addresses two primary issues: 1) Whether there was just cause for the employer to impose discipline on the Grievor, and 2) If so, whether the five-day suspension was an appropriate level of discipline or if a milder penalty should be considered under section 142 of the Labour Relations Code. The arbitrator’s award will focus on the facts of the case (including the specific allegations against Kevin), the evidence presented by both parties, the policies and procedures of the hospital, and past disciplinary actions.
Summary of Facts of the Case
Kevin Hyer, referred to as the "Grievor," is a Registered Nurse employed at Nittany Regional Medical Center for around three years, specializing in post-operative care, which frequently involves patient lifting. With seven years of overall bedside nursing experience, the Grievor also holds the role of union shop steward, responsible for communicating grievances to management. On February 15, 2020, Nurse Olivia Martinez, the Grievor's immediate supervisor, issued a directive for the Grievor to transfer a post-operative patient from a gurney to a bed. Upon the Grievor's refusal to comply, he was warned of a potential five-day suspension. Opting to leave work, he indicated his intention to pursue the matter through the union process. Subsequently, on February 15, 2020, the Grievor received a five-day suspension from the employer. The Union, acting as the Grievor's bargaining agent, challenges the suspension, asserting that the employer lacked just cause and deviated from the progressive discipline procedures