Discipline and discharge for off-duty misconduct: What are the arbitral standards?
March 16, 1986
Nexus in the context of off-duty misconduct cases. A valid nexus between the off-duty misconduct and the status of the grievant as an employee must be demonstrated by the employer. Decisions indicate that this may be accomplished by showing that the misconduct has damaged the employer’s business or will do so if the employee is reinstated; that fellow employees would refuse to work with the offender or would e exposed to danger from the offender; and/or that the nature of the misconduct is disqualifying (in that it is incompatible with the duties and responsibilities of the employee’s job classification).