The burden of proof Essay Example | Topics and Well Written Essays - 500 words

The burden of proof - Essay Example The Union’s past practice argument cannot hold because the assessment test has already been given to previous applicants in the Technical Department.   The Union claimed that the company awarded the job to senior bidders in the past.   However, the Union did not take into consideration that seniority was not the only requirement, passing the assessment test was a minimum qualification for the position being bided for.3. Does it matter which type of assessment is used by the Company?  Yes, the type of assessment used by the Company matters because it will determine if a certain applicant is qualified to do the job or not.   The type of assessment should be able to measure the capabilities of the applicant which are necessary in accomplishing a certain job.4. If the Union alleged that the Work Keys Assessment was not valid, which party wouldhave to prove the validity?  The validity of the Work Keys Assessment should be proven by the company through the Subject Matter E xperts (SMEs) who designed it and approved its use.   The SMEs have been with the company for an average of more than 17 years.   As stated by the company, â€Å"Who better to determine the tasks and skills required for an entry-level position than those who have performed it?"   The SMEs are in a position to state that those who pass the test have the necessary skill levels for entry and effective performance in the extra hand position.5. You are the arbitrator. What is your decision? Why? If I were the arbitrator of the case, my decision is that Ms. Boone.