Employee’s duty of loyalty: An arbitral-judicial comparison

March 16, 1993


Proceeding Authors:
Mathew Finkin
 

A description of the common law duty of loyalty as applied by courts, compared to the duty as construed by arbitrators under CBAs. The employee conduct reviewed includes competition with the employer, preparation for such competition, doing work for a competitor, engaging in conduct that impairs performing for the employer, the adherence to religious beliefs (e.g. the Sabbath), criticism of the employer, disloyalty and protected speech.


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