An assessment of the relevance of the procedural due process criteria of Arbitrator Carroll Daugherty’s seven tests for just cause, and the “harmful error” standard of the Federal Civil Service Reform Act.

The article addresses the case law, practices, customs and rules that have arisen in the arbitration of college and university faculty CBA disputes and, especially, the discretion afforded management in the exercise of “academic judgment” (affecting appointment, retention, promotion and tenure) which is not subject to arbitral review, and the confidentiality of materials and communications …