Case 10: Anti Nepotism Essay

2503 words - 11 pages

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Keller graduate school of management | hrm 586: labor relations
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Case study 10
An Anti-nepotism policy
XXXXX XXXXXXXXXXX
Keller graduate school of management | hrm 586: labor relations
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Case study 10
An Anti-nepotism policy

CASE OVERVIEW
Mr. Keith Walton applied for a job at Manatee Power plant by filling out application form (C-1) on January 5, 1999. The (C-1) form specifically asked the applicant whether or not he/she had any relatives employed at the company, to which Mr. Walton answered “no”. He was hired by Manatee Power Plant on April 30, 1999 where he ...view middle of the document...

Lastly, the union contends that while the policy is in the books, the punishment in the books states that violators “may be” discharged. Upon doing so, the Union brings forth a third point of contention by the definition of the word itself. According to the Union, “nepotism” is defined as, “…the act of one relative bestowing or exercising favoritism upon another relative” and they argue that there is no proof whatsoever that Mr. Walton benefited in any way from his uncle’s employment with the company. The Union contends that in this case due to the above listed circumstances and the fact that Mr. Walton worked for the company and had been promoted within, he should be reinstated and “made whole” due to “improper discharge”.

MANAGEMENT POSITION
Manatee Power Company intends to stand behind their discharge of Mr. Walton based on three grounds. The first is that the Company feels that the union is using this case as an “improper forum” to change company policy through arbitration in this case, even though they have not been able to successfully change the policy through contract negotiations which is the correct channel for the parties to discuss and amend policies. The company’s policy prevailed and the Union’s amendments were not added during contract negotiations, so to try and change them by arguing improper discharge at this juncture would be highly inappropriate and would serve to undermine contract negotiations by giving the union a “back door” to push ideas not brought up or not successfully implemented during negotiations. Secondly, the company argues that their “no relative” hiring policy is a long-standing and well-known policy that is both reasonable and uniformly and consistently enforced. The collective bargaining agreement also contains verbiage giving the company the right to hire and discipline its employees how it sees fit (subject to terms contained in the Agreement – meaning as long as it is in writing and included in the manual). Since it is included in the collective bargaining agreement, the Union agreed to it and the company intends to hold onto its rights to enforce the no-relative policy as contained in the manual since it has full rights to do so. The no-relative policy has been in effect since before Mr. Walters applied for the job and was hired, so it pertains to his employment. The company also argues that the anti-nepotism policy has been around since before World War II, so it is not a policy written specifically for Manatee or a “new” policy. It has withstood the test of time and was put in place so that certain families don’t “take over” certain public jobs and that the greatest number of families can benefit from being employed by their large power company. The policy also helps create a more diverse workforce and helps against discrimination and a predominately white workforce. The company cites examples of where it has enforced this policy in cases where the applicant lied about...

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