Second, if the employer attempts to avoid arbitration on part of an adverse employment measure that could result from the employee`s failure to comply with the last chance agreement, the agreement should address arbitrability over all aspects of the employer`s decision – including the issue of guilt and the nature of discipline. The employer should carefully review the wording of the collective agreement rules relating to complaints to ensure that all matters are covered. In another recent case, a court ruled that an employer must arbitrate an employee`s actual debt on the condition of a faiitable agreement, even though the agreement stated that „neither termination of employment nor any matter of termination shall be subject to the claims and arbitration provisions of the collective agreement.“ The court ruled that the last chance agreement did not clearly waive the arbitrability of the employee`s debt; on the contrary, he simply waived the arbitrability of disciplinary measures. Going back to your specific question, it certainly has parallels with the case I describe above where the employee is asked to waive his or her right to file an EEOC fee. Here, you have asked your employee to waive their right to file a complaint with their union. I would not be surprised if he still complains after his employment ends. Since your dual purpose is to put some strength behind your last-chance agreements, but also to avoid an unnecessary complaint to the union, it may be better to adopt some discipline at a lower level that is lighten — perhaps a three-day suspension — which you think the union would accept. First, an employee should be asked to promise something other than insurance to perform the actions of the last chance agreement. The employer should not ask the employee to give up a wage increase, to waive a right to a work allowance or anything else that has nothing to do with the work. A last chance agreement is a disciplinary measure, but – if used fairly – it can be an opportunity to restore a damaged relationship. From the employee`s point of view, it is a chance to keep his job. From the employer`s point of view, this is an opportunity to show leniency and keep a skilled worker employed. An employer may choose, but is not required by the ADA, to offer a „fixed choice“ or „last chance agreement“ to an employee who may otherwise be fired for poor performance or misconduct resulting from alcohol or drug abuse.