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:

Cause

The reason something happens, often used in legal contexts to determine the cause of an event or action leading to liability.

Employees

Employees are individuals who are hired by an employer to perform specific duties in exchange for compensation, typically in the form of wages or salary.

Great Depression

A severe, worldwide economic downturn that took place during the 1930s, marked by high unemployment, deflation, and a significant drop in consumer spending and investment.

Unions

Organizations formed by workers to advocate for their rights, benefits, and interests within the workplace.