1704 Medley v. Region 4

Although the Company’s charge that Medley used abusive or threatening language in the workplace was based on highly contested testimony, Representative Doty provided copies of eleven arbitration decisions demonstrating that umpires in this jurisdiction give substantial weight to the employer’s conclusion that such allegations are credible. Based on these precedents, Doty determined that there was serious risk of an unsuccessful outcome if Medley’s case were presented to the umpire. Furthermore, the settlement Doty negotiated for Medley was a good and valuable one. Medley lost the income for the period of his disciplinary layoff, but he was otherwise restored to a position equivalent to the one he held prior to his discharge. It was reasonable for Doty to conclude that he should not risk Medley’s reinstatement in order to pursue compensation where the likelihood of success was so doubtful.