The authors posit that there has been a shift, from (a) Arbitrators’ deference to an employer’s imposition of discharge absent arbitrariness or abuse of discretion to (b) the de novo…
The participants describe the differences between the way discharge penalties are arrived at in the federal sector, and the way that arbitrators deal with them, as compared with private sector…
How and why labor arbitrators decide discipline and discharge cases. An empirical examination.
Stephen F. Befort, Mario F. Bognanno, Laura J. Cooper, Nels E. Nelson, Theodore J. St. Antoine
January 16, 2007 Proceedings Database
A statistical analysis of over 2,000 discipline and discharge arbitration decisions and the rationale given in those cases in which the discharge penalty was mitigated. Concepts such as the quantum…
Arbitrator Mittenthal examines alternative means of addressing the remedy when delay of the arbitration results in reinstatement after months of unemployment.
Arbitrator Burke discusses the prevailing practice in Canada, of awarding damages rather than reinstatement when delay of the arbitration has resulted in protracted unemployment.
“The employment relationships in the federal service, and the collective bargaining agreements under the CSRA and the predecessor Executive Orders which permitted them, are so controlled and affected by various…