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An examination of pre-disciplinary due process, due process in the arbitration hearing, and court rulings in cases where the arbitrators’ decisions were based upon due process alone, and did not address the merits. Recommendations are offered to arbitrators regarding the resolution of due process arguments.

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Investigatory due process and arbitration

Three of Arbitrator Carroll Daugherty’s seven tests of just cause pertain to predisciplinary due process, also referred to as investigatory due process. The three are (1) an effort to discover whether the employee committed the infraction (2) a fair and objective investigation by the employer, and (3) substantial proof of guilt by the official imposing …

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Arbitral discretion: The tests of just cause

Dunsford posits that Carroll Daugherty’s “seven tests” of just cause are misleading in substance and distracting in application, and disputes that the tests are part of the “common law” of arbitration: the tests were developed in the context of the railroad industry and ought not govern in the private sector, where arbitration hearings are de …

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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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