Just cause: Working at the margins of just cause: Arbitral discretion on the discharge penalty

January 16, 2006


Proceeding Authors:
M. David Vaughn
 

The authors posit that there has been a shift, from (a) Arbitrators’ deference to an employer’s imposition of discharge absent arbitrariness or abuse of discretion to (b) the de novo review of whether the penalty was unfair, arbitrary or capricious (i.e., unreasonable) from the arbitrator’s perspective.


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