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An Employee Who Has Been Absent Three Times More Than

Question 46

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An employee who has been absent three times more than the bargaining unit average for more than three years because of a medical condition was discharged. A grievance was filed and at the arbitration hearing it was established that a new medical adviser had prescribed a newly developed medication that would prevent the employee from being absent in the future. Which of the following is correct:


A) This situation illustrates culpable absenteeism and the discharge will be upheld.
B) This situation illustrates innocent absenteeism; however, the discharge will be upheld.
C) This situation illustrates innocent absenteeism and an arbitrator will never uphold a discharge for innocent absenteeism.
D) This situation illustrates culpable absenteeism; however, the discharge will not be upheld.
E) This situation illustrates innocent absenteeism and this discharge will not be upheld.

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