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.… Read More »How and why labor arbitrators decide discipline and discharge cases. An empirical examination.
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… Read More »Just cause: Working at the margins of just cause: Arbitral discretion on the discharge penalty
An introduction to three articles: 1) “harmless error” vs. due process under the Dougherty seven tests; 2) the assertion that substantive due process requires “fairness”;… Read More »Is procedural due process an element of just cause or a separate issue with distinct remedies?
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… Read More »To what extent do and should the seven tests guide arbitrators or the parties?
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… Read More »Mitigation and labor arbitration: Part 1. Due process and major offenses
A survey of Academy members, concerning the circumstances under which they will mitigate discipline based upon the denial of due process.
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… Read More »Investigatory due process and arbitration
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… Read More »Arbitral discretion: The tests of just cause