“Arbitration Opinion &amp

Award" ARBITRATION OPINION &amp. AWARD Introduction In this particular case a employee of Nittany Regional Medical Centre, Kevin who is a nurse was given a five day suspension According to Davis who is the attorney for the hospital, Kevin Hyer the grievant refused to take orders from her supervisor Olivia Martinez to the patient from the gurney to the bed and that he neglected this person who was writhing in pain. Kevin being union steward saw that it was unfair and sought to seek justice from the arbitrator.
Hospital case
According to to the hospital Kevin had done an offense and was supposed to receive the termination but was given a five day suspension. Davis claims that Kevin refused to follow the orders that were given to her by her supervisor. At the same time he neglected the patient who was uncomfortable on the ground. He chose to go at home violating the mission of the hospital of proving care.
Union case
The union claimed that Kevin suffered from back pain and that he could not carry the patient. His representative Whitehead claimed that the patient was obese that he could jeopardize Kevin’s health. According to the labor Agreement employees are not supposed to perform unsafe work. The union claims that Kevin was given an ultimatum by her supervisor. This made Kevin to choose to go home rather than causing the problem to himself and to the patient .His problem was know by the supervisors and some co workers.
According to the witness Martinez and Barber who Kevin’s co worker claims that Kevin usually has a problem with her back. This is emphasized by Him of whom he claims to have gotten injured through an accident during skiing 9 years ago. However this remains in question because of the following reasons.
I. There was no documentation of the alleged back pain according to Martinez. Though Kevin was known by Martinez and Barber and other workers to be having a back pain, this claim could not be proved. He oftenly had some informal request for assistance of which the manager was not aware of. It is therefore normal for any human being to assume that this was a lie since there was no any documentation to prove the illness.
II. Richard claims that there is a department in the hospital for employees to report their health problems so that they can be accommodated with their problem. Kevin was aware of the department yet he did not seek help. This shows some elements of being fishy.
III. According to Richard, Kevin did not notify the HR of his condition and that he did not provide any documentation and therefore did not follow the appropriate process.Ordinrily, any man with a disability will be the first to seek help for accommodation sake. This is controversial to Kevin
IV. According to Employer Exhibit 2 presented by Davis, the question of disability was answered that Kevin was fine yet he had the condition for 9years of which he was employed 3 years ago. This implies some sort of cunning moments presented.
V. During witnessing Kevin tries to present records of Chiropractor to be cross examined. The question still remains, why he not presented them to the HR for approval so as to be accommodated.
According to Martinez and also as witnessed by Kevin, she does not like unions. Kevin alleges that she does not like him and that she is against him. There is no record of mistreatment and therefore this cannot be legally binding.
Kevin claims that his back was in pain and that lifting an obese patient could jeopardize his health conditions. He says that he would have put his health and that of the patient at a risk since the patient could have fallen. He claims to have forgotten the training yet he had a refresher training three months ago. This patient could have enabled him lift the patient without using his back.
Kevin was counseled twice. Though he did not receive any written warning from the hospital. He claims that he did not receive any disciplinary actions instead received mere conversation. Although he should have received written warning, he should have helped the patient because he knew how to do it without injuring the back.
According to witness Richard, the assistant HR, Kevin had undergone through refresher training apart from the one that he underwent previously on how to lift heavy patients without using the back. The claims that he could not lift the patient were baseless.
I therefore rule in favor of the hospital because Kevin refused to take orders from the supervisor. He claimed to have a back pain though this claim was baseless. Even if he had pains he would have lifted the patient using the technique and file grievance as Richard puts it.