An Employer Has Rules Prohibiting Employees from Smoking on Company

An employer has rules prohibiting employees from smoking on company property. Employee A was suspended for one week when caught violating the rule. The union filed a grievance and the matter was settled when the employer agreed to reduce the suspension to two days. The settlement of the grievance provided that it was on a without precedent basis. If employee B is caught smoking two weeks later which of the following is correct:

A) Employee B cannot be disciplined.
B) The employer can impose discipline on employee B; however, the union can file a grievance if B is suspended.
C) An arbitrator would likely uphold the discharge of employee B.
D) Employee B can be suspended for only two days.
E) Because of the settlement of the previous grievance the employer cannot suspend B without providing a prior warning.