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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 …

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Professor Vetter notes the conclusions of Judges Harry Edwards and Frank Easterbrook that, post-Misco, public policy should be equated with illegality, but expresses reservations about that conclusion and its usefulness. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may …

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Just cause and the troubled employee

A discussion of whether, in assessing the appropriateness of discipline or discharge, arbitrators should take into account “distractions” (such as the employee’s marital, family, financial or legal problems) that cause misconduct or unsatisfactory job performance. Arbitral treatment of alcoholic, drug-addicted, and mentally ill employees is examined. Observations are drawn from cases reported in volumes 70 …

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Professor Vetter notes the conclusions of Judges Harry Edwards and Frank Easterbrook that, post-Misco, public policy should be equated with illegality, but expresses reservations about that conclusion and its usefulness. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may …

Read more