If we check the protocol in its entirety, we find that Local`s behaviour in 192 was neither arbitrary, discriminatory nor in bad faith. On the contrary, in the face of a trade unionist subject to repeated violations of the rules and progressive discipline imposed by the collective agreement, Local 192 achieved a result that allowed him to maintain his position by performing under the last chance agreement. Instead, no doubt – he did not register in the EAP, did not respect the agreement, and he was terminated on the terms he accepted. Under the collective agreement, Local 192 requested first-level hearings for the establishment of royalties on January 23 and 31. Local 192 Assistant Commercial Agent Danny Marshall (Marshall) was responsible for informing and representing Williams of the expedited arbitration hearings. The hearings on the two letters took place on February 15; Williams, represented by Marshall, participated in the issues raised in both letters and was served. With respect to the January 23 indictment, the Auditor Counsellor heard testimony, reviewed the documents and accepted Local 192`s position: the January 23 letter of accusation was quashed in its entirety. However, the Auditor-Advisor confirmed the January 31 indictment and „intent to end progressive discipline.“ The officer made the decision, in part on the basis of surveillance video and Williams` testimony, in which he admitted some of the alleged conduct. Prior to the Auditor-Advisor`s decision, Local 192 and AC Transit agreed that Williams could participate in an Employee Assistance Program (EAP) and sign a last-chance agreement. The agreement requires Williams to register within 14 days of his execution and to complete the AEP; Serve a 10-day suspension and spend a 12-month trial period without breaking the rules. Failure to comply with the agreement would lead to its immediate suspension and, after the indictment was up after an expedited arbitration hearing, to an immediate termination without appeal. The Auditor-Advisor decided that, as agreed by Local 192 and AC Transit, the termination would take place in Derob but effective if Williams did not enter the APU before April 15 or if it did not sign the agreement.
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