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Arbitration Case: Discharge Of Peter Seichek

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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...

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Submitted by: 123student
Date Submitted: 11-13-1999
Category: Law
Words: 1950
Pages: 7.8