Synopsis By: Lurie - Proceeding Author:

Professor Hill examines exceptions to the general principle that a grievant’s post-discharge behavior is irrelevant. Both judicial and arbitratral decisions are presented to illustrate those exceptions. In general, courts have been receptive to arbitrators’ taking notice of post-discharge evidence in just cause cases. The author presents the elements that should be required to show post-discharge rehabilitation, and those that should be required to show, through post-discharge conduct, corroboration of the conduct that led to the discharge.