Arbitration clause
The purpose of this arbitration paper is written for arbitration meeting conducted on April 4th 2014 for the incident happened in February 15th.
The incident of February 15th, Mr. Kevin Hyer; the registered nurse of Nittany Regional Medical Center, leaving his patient in gurney and refused to move his assigned patient as a result of “self-protection”, is carefully reviewed by assigned third party arbitrator. It is understood that any claim of medical malpractice, including any claims from Nittany Regional Medical center, arbitration party has carefully reviewed of legal laws and previous similar cases prior to binding this arbitration clause.
The Arbitration party has concluded that suspension of Mr. Kevin Hyer was not fair, therefor we have come up with that suspension of Mr. Kevin Hyper shall be removed from his record and Nittany Regional Medical Center to pay his wages while he was suspended. The background of how we decide on our decision was: first, that we accepted that Mr. Kevin Hyer has his back problem and he has right to not participate on any kind of dangerous situation as his contract has stated. Therefor Arbitration party is rejecting that there was any kind of disciplinary action for Mr. Kevin Hyper to leave his patient on gurney. Second, we refused to accept any unfiled progressive discipline. All record including progressive discipline, should be kept in personal file for the arbitration party to look and examine on it.
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In this decision we took Union’s claim that Mr. Kevin Hyer’s supervisor nurse Mrs. Martinez has personal dislike upon Union and our arbitrator has confirmed it. Since the only witness, and also the one who gives Mr. Kevin Hyer unfiled progressive discipline was Mrs. Martinez, arbitration parties has decided not to take any credit for this situation. Third, we do understand Mr. Kevin Hyer frequently mention about his back is aching and refused to move patient but rather asked other registered nurses to do it for him. However, since supervisor nurses accept this situation from other nurses too, it was over acting and escalating situation to bigger picture. Forth, comparing previous case with skipping progressive discipline, Mr. Kevin Hyer’s case isn’t enough for Nittany Regional Medical Center to set him one step behind of termination.
In conclusion, arbitration party has concluded to flavor Union’s demand. All of Mr. Kevin Hyer’s unfiled progressive discipline should have to removed and set him as clear. Also, to stop further discuss, we demand Mr. Kevin Hyer to provide his medical record to Nittany Regional Medical Center.
