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1. There is no union, no collective bargaining agreement and no union steward.
2. There is a Company informal grievance procedure and Jones used that procedure, not a union steward, i.e. Jones himself filed the grievance, not Murphy.
3. The Company has a written policy requiring arbitration over all disputes which arise from employment, which Jones signed.
4. The Company has written policies prohibiting fighting, prohibiting workplace violence and prohibiting discrimination, and authorizing discipline up to termination for “fighting” and for “violation of our non-discrimination policy, including the used racial, ethnic/religious or other improper slurs…”
5. Jones filed a Charge of Discrimination based on race with the EEOC, requested and obtained a Notice of Right to Sue letter.
6. Jones has demanded arbitration under the Company policy based on his discrimination claim. He wants reinstatement, back pay and compensatory damages, i.e. damages from pain and suffering.
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