Question

Which of the following would NOT lead an arbitrator to consider reducing management's assigned penalty?

a. The circumstances of the case were so unusual that it is very unlikely to happen again.
b. Management contributed to the disciplinary problem and must assume part of the responsibility.
c. The employee was experiencing marital problems and it is likely that once the personal problem is resolved, the infraction will not occur again.
d. The employee's behavior is related to fulfilling his or her duties as a union officer.
e. The employee misconduct involves an illegal act.

Answer 1

e. The employee misconduct involves an illegal act.

An arbitrator would not consider reducing a penalty for an employee's misconduct if it involves an illegal act, as this is viewed as a serious violation that affects workplace integrity.

Step-by-step explanation:

The option that would NOT lead an arbitrator to consider reducing management's assigned penalty is e. The employee misconduct involves an illegal act.

Arbitrators may consider mitigating circumstances when determining if a penalty is appropriate, such as if the incident was unlikely to happen again, if management contributed to the problem, or if the employee was dealing with personal issues that affected their behavior.

However, if the employee's misconduct involves an illegal act, this is typically viewed as a serious violation that undermines the integrity of the workplace and may warrant the assigned penalty or even a stricter one.

An arbitrator would not consider reducing a penalty for an employee's misconduct if it involves an illegal act, as this is viewed as a serious violation that affects workplace integrity.