A Union Filed a Grievance on Behalf of an Employee

Multiple Choice

A union filed a grievance on behalf of an employee who was terminated for alleged misconduct. The employer subsequently sent a letter headed "without prejudice" to the union offering to settle the grievance by reinstating the employee with a 10 day suspension. The union declined the employer's offer and the matter is proceeding to an arbitration hearing. In this situation, which of the following is correct:

A) The employer is required to inform the arbitrator of the offer to settle the grievance.
B) The arbitrator can consider the employer's offer to reinstate the employee when determining the appropriate penalty.
C) The employer's offer to settle in the letter cannot be referred to at the arbitration hearing.
D) The burden of proof shifts to the union.
E) The employer will be awarded costs if the arbitrator upholds the termination.