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…

A discussion of the relevance of the ADA to the arbitration of disciplines for poor attendance. The author observes that ADA employment protections are narrowing over time….

The article examines 78 arbitration decisions that weigh the employer’s right to discipline for absenteeism against the employee’s family care-giving responsibilities. It places such absences in demographic context; examines when…

Arbitrator Knowlton posits that fairness requires the evolution of the concept of just cause to take into account the contemporary circumstances of workers, who increasingly lack a familial safety net.

The predominance of single-parent and dual-worker households has greatly increased the tension that employees feel between responsibilities to their jobs and responsibilities to their families. Labor arbitrators most commonly encounter…