An Employee Was Guilty of Frequent Absenteeism Because of an Addiction

question 55

Multiple Choice

An employee was guilty of frequent absenteeism because of an addiction to alcohol. The employer did not have any rules relating to absenteeism. The employee was discharged and subsequently reinstated when the union, employee, and employer signed a last chance agreement. The agreement provided that if the employee's attendance fell below the average for the bargaining unit they would be discharged. Subsequently the employee's attendance did fall below the bargaining unit average and the employee was discharged. Which of the following is correct in this situation:

• A) The last chance agreement is enforceable and the employee will be discharged because the employee voluntarily signed the agreement.
• B) All last chance agreements involving employees who have an alcohol problem have been found to be unenforceable.
• C) This last chance agreement is unenforceable because it imposes conditions on the employee not placed on other employees.
• D) By establishing a last chance agreement the employer has met its duty to accommodate.
• E) An arbitrator will not review the terms of last chance agreement that has been signed by all the parties.

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Definitions:

Control Procedures

Systematic measures implemented to regulate processes and ensure the accuracy and integrity of financial and operational activities.

Limited Liability Partnership

A type of business partnership where some or all partners have limited liabilities, meaning they are not personally responsible for the debts of the business.

Professional Partnership

A business structure where two or more professionals collaborate, sharing responsibilities, profits, and risks, typically in fields requiring a high level of training or expertise.

Negligence

The failure to take proper care in doing something, leading to damage or injury to others.