The union filed grievances alleging that the employer failed to adequately respond to complaints of sexual harassment by two management employees, thereby contributing to a poisoned work environment.
The parties sought an interim ruling on whether the Grievance Settlement Board had jurisdiction to direct the employer to transfer or discharge the harassers.
The Board held that while discipline is generally an exclusive management function, it has the jurisdiction to order specific disciplinary action against a member of management if such an order is absolutely necessary to finally and effectively remedy the grievance.
