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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…

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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…

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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…

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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…

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