Synopsis By: Lurie - Proceeding Author: Stephen F. Befort, Mario F. Bognanno, Laura J. Cooper, Nels E. Nelson, Theodore J. St. Antoine

A statistical analysis of over 2,000 discipline and discharge arbitration decisions and the rationale given in those cases in which the discharge penalty was mitigated. Concepts such as the quantum of proof and reliance (or citation) of the “seven tests” of just cause are examined. Theodore J. St. Antoine examines The Common Law of the Workplace in light of the statistical analysis, and Nels E. Nelson assesses the methodology used.