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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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The article addresses discharge or reassignment for physical or mental inability to perform the work (including being overweight and underweight); temporary and permanent disability distinguished; and the failure of the…

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Title: Alcoholism and the just cause for discharge

Discharge for alcoholism or alcohol-related misconduct poses one of the “greater dilemmas” for arbitrators. The authors discuss the growth of occupational programs, both employer-initiated and through collective bargaining. In many…

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Reasonable accommodation in the workplace: New developments in the United States and Canada

An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.

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Alcoholism and the world of work

A specialist in the field of “problem drinking, alcohol abuse and alcoholism” supports the concept of treating alcohol-related problems of employees as a disease. The author, writing at an early…

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Alcohol is an “addictive drug” with a particular American concern, following the experiment with Prohibition. In industry, concern with alcoholism was centered on a “job performance criterion”; that is, whether…

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Remedies, troubled employees, and the arbitrator’s role

The challenges confronting arbitrators in cases involving troubled employees, such as employees with chronic alcohol and drug issues. Remedies based on a traditional corrective discipline, a modified corrective discipline model,…

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