Discharge Of Postal Letter Carrier Off Duty Conduct

Running header: CASE #13.2 DISCHARGE OF POSTAL LETTER CARRIER FOR OFF-DUTY CONDUCT

Case13.2, Discharge of Postal Letter Carrier for Off-Duty Conduct

Employee and Labor Relations- HRM 534

September 2, 2011

CASE #13.2 DISCHARGE OF POSTAL LETTER CARRIER FOR OFF-DUTY CONDUCT

Abstract

Management has the power to discipline for misconduct directly related to employment. However discipline is the action taken by HR management against an individual or group who has failed to follow the established rules and procedures within an organization. This paper will discuss the principle of Nexus and how it applies in this case of off-duty misconduct. Secondly, we will distinguish between arrests, indictments, and convictions. Thirdly, discuss Mr. Allen is a public sector employee and how does this differentiate the case from the private sector. Lastly, as the arbitrator, who has weighed the evidence, considered the necessary levels of proof, and which party bears eh burden of proof; render your decision. Explain the reasoning behind your decision.

CASE #13.2 DISCHARGE OF POSTAL LETTER CARRIER FOR OFF-DUTY CONDUCT

According to Mathis (2010) arbitrators have been reluctant to sustain discipline for off-duty misconduct unless the is some nexus or connection to the job. Nexus is the key work. This is the traditional rule: While generally the employee's conduct away from the place of business is viewed as none of eh employers business, there is a significant when it is established that the employees misconduct off-the premises has a detrimental effect on the employers reputation or product or when the off-duty misconduct leads to the refusal or reluctance or inability of other employees to work with the employee on the job.

Explain the principle of Nexus and how it applies in this case of off-duty misconduct.

Nexus is the connection between off-duty misconduct and how it affects employment (Holley, Jennings, Wolters, Mathis, & Jackson, 2010). In determining whether or not there is a connection between the misconduct and employment, a number of questions must be answered. The arbitrator must decide whether or not the behavior will harm the employer's reputation, if the behavior will prevent the employee from completing his/her job duties, if the behavior will directly affect products and/or production, and whether or not other employees will refuse or have difficulty working with the accused employee. In this case of off-duty misconduct, the arbitrator must determine if the alleged crimes of arson and burglary affected the employee's ability to perform his job, if the crimes will have a detrimental effect on USPS' service and reputation, and if the other employees refuse to work with the employee in question.

The criteria traditionally considered by arbitrators belong in four categories: damage to the employers business or reputation, impact of the grievant reinstatement on fellow employees, who refuse to work with or be exposed to danger by the off-duty offender, unavailability of the

CASE #13.2 DISCHARGE OF POSTAL LETTER CARRIER FOR OFF-DUTY CONDUCT

employee incarceration, the unsuitability of continued employment in light of the misconduct.

Distinguish between arrests, indictments, and convictions.

An arrest occurs when a person has been apprehended and is taken into custody by the police or other legal authority. After an arrest, a prosecutor presents the case and related evidence to a judge or grand jury. If there is sufficient evidence against the accused person, an indictment (a formal written statement) is presented to the accused person by the grand jury demonstrating there is enough evidence against the accused person to be prosecuted in court. A final judgment is handed down after all the court proceedings and deliberations have been completed. A final judgment of guilty against a person in a case is a conviction, and the criminal is handed the imposed punishment for the crime.

Mr. Allen is a public sector employee. How does this differentiate the case from the private sector?

In both the private and public sectors, employers can discipline or discharge employees for off-duty misconduct. Employers typically must prove if and how the off-duty conduct affects the business, productivity, and working relationships with other employees. Public employers,