“Here, the Last Chance Agreement has established that Olson does not have the power to disobey, modify or ignore orders or directives, without the person who gave him the original order not being authorized. The agreement also provides that if Olson works on mistakes or performance issues, this behavior must suffice, only for the village to stop Olson`s hiring. A last chance of agreement must always be written, never verbal. In the draft last-chance agreement, pay close attention to the conditions for reinstatement and sanctions. Consider each case always individually and avoid the “one size fits all” approach. Mention past misconduct and employee disciplinary history in the agreement on the last chance to support the adequacy of conditions and sanctions. Always insert a clause limiting the arbitrator`s authority. The arbitrator`s solution was to restore Olson`s agreement and condition compliance with a new last-chance agreement. Under the new agreement signed by Olson, Olson was required to undergo training to “address his deficiencies and performance problems,” provided that a recurrence of a similar fault within three years of his reinstatement was a cause of his resignation. The arbitrator later clarified his opinion to provide that if Olson “in the event of misconduct or performance issues, as stated in this agreement, this behaviour is sufficient only reason for the village to terminate Olson`s employment. If Olson or foP challenge the termination of Olson`s hiring, the only question a court of arbitration must decide is whether Olson participated in the conduct.
If there has been an overweight evidence that Olson was involved in the alleged conduct, the penalty for this behaviour is the end.” Another arbitrator upheld the village`s decision to terminate Olson. The arbitrator ruled that “last-chance agreements give employees one last opportunity to correct the behaviour.