Kenneth B. Cooper
March 16, 2002 Proceedings Database
An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed when discovered, and in sufficient time for the Union to prepare a defense, the employer is entitled to present it and the arbitrator is obligated …
A discussion of the experience of the Airline Pilots Association and U.S. carriers in addressing the problems of alcohol and substance abuse, and issues in arbitrating related cases. The impact of the regulatory framework and Federal Aviation regulations is highlighted. A focus on rehabilitation rather than punishment is advocated.