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An Employer Has Rules Prohibiting Employees from Smoking on Company

Question 5

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An employer has rules prohibiting employees from smoking on company property.Employee A was suspended for one week when caught violating the rule.The union filed a grievance and the matter was settled when the employer agreed to reduce the suspension to two days.The settlement of the grievance provided that it was on a without precedent basis.If employee B is caught smoking two weeks later which of the following is correct?


A) Employee B cannot be disciplined.
B) There are no limits on the suspension that the employer can impose on employee B; however, the union can file a grievance if B is suspended.
C) An arbitrator would likely uphold the discharge of employee B.
D) Employee B can be suspended for only two days.
E) Because of the settlement of the previous grievance the employer cannot suspend B without providing a prior warning.

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