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Arbitration Case: Discharge Of Peter Seichek
Arbitration Case: Discharge of Peter Seichek Arbitration Case: Discharge of Peter Seichek Closing Statement Mr. Arbitrator, the termination of the employment of Mr. Seichek, by the Wheelwright Corporation, was for his "sleeping on the job". Lets examine this stated reason - in the light of the evidence provided by witness testimony and contained within Mr. Seichek's personnel record. 1) Mr. Holloday testified that he and Mr. White, the third shift supervisor, observed Mr. Seichek, wearing his welding hood, sitting or leaning against the ladder, "apparently" asleep. Further, Mr. Holloday stated that he called to Mr. Seichek six or seven times to get his attention. Mr. Seichek was then directed to accompany Mr. Holloday and Mr. White to the office. In the office, Mr. Holloday told Mr. Seichek that he had been caught sleeping before, and that his absenteeism was excessive, and therefore was being suspended. Mr. Arbitrator, they found Mr. Seichek at his work station, wearing his protective clothing, waiting for a co-worker to return with needed parts, in order to continue the job. With the welding hood on, they could not positively determine that he was asleep, and six or seven calls to get his attention in the noisy, factory atmosphere is not extreme. In reference to having been caught sleeping before, Mr. Holloday, testified that on August 16,1982, that he found Mr. Seichek asleep in the reception area and on August 17, he was found asleep on a tool box near the time clock. In both instances, Mr. Holloday awakened him, directed him to clock in and return to work. Mr. Seichek complied with this direction. Mr. Holloday went on to state that these instances annoyed him, but since Mr. Seichek was on break and not "on the clock", that he (Holloday) should not and did not issue a formal, verbal warning or make any notation concerning these incidents in Mr. Seichek's record. 2) Mr. Lewis, the third shift steward, gave testimony that it has been a common practice for employees to sleep during their break periods and to occasionally doze on the job. This corresponds with Mr. Holloday's testimony concerning his decision not to issue a formal verbal warning to Mr. Seichek after he (Holloday) found him asleep during break. Of further note, Mr. Lewis stated that heard Mr. Holloday use an ethnic slur when referring to Mr. Seichek sleeping on the job. This raises a question as to the objectivity of Mr. Holloday with regard to his supervision of Mr. Seichek. On the morning of December 3, 1982, Mr. Holloday notified Ms. Delores Lopez, the Personnel Assistant, that he had suspended Mr. Seichek pending possible discharge because he had found him sleeping on the job. Mr. Holloday also told her that he had directed Mr. Seichek to report to the Personnel Office at 7:30 A.M. that same morning. 3) Mr. Banks testified that he conferred with the Plant Manager and the Production Superintendent before he and Ms. Lopez talked with Mr. Seichek. Mr. Banks stated that in their conversation Mr. Seichek admitted that he had fallen asleep, but that he felt that this had been induced by the medication that he was taking. This medication had been prescribed by the company physician to relieve the pain that Mr. Seichek continued to have from a work related injury. At the conclusion of this conversation, held on the morning of December 3, 1982, sometime after 7:30 A.M., Mr. Banks terminated Mr. Seichek "for sleeping on the job". 4) Mr. Seichek testified he was asleep on December 3, 1982, when he should have been at work, but that he could not do much without the parts that Stone, another employee, had gone for. He also stated that he was drowsy because of the medication he had been taking and didn't remember just which or how much medication he had taken that day or night. Mr. Seichek further testified that he had asked Dr. Jones for medication, not only to relieve the pain from his injury, but to permit him to continue to work because of his absenteeism situation. This statement is not contradicted. Mr. Seichek also sta...This is ONLY a preview of the article. If you would like to view the entire document, you must subscribe to Electronic References. Please register below now! Get This Full Article After Registration
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