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How and why labor arbitrators decide discipline and discharge cases. An empirical examination.

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 of proof and reliance (or citation) of the “seven tests” of just cause are examined. Theodore J. St. Antoine examines The Common Law of the …

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Just cause across industries: III. The federal sector

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 and state and local cases. In Douglas v. Veterans Administration, the MSPB stated that the MSPB sits as the final government employer decisionmaker on adverse …

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Just cause across industries: IV. The Postal Service

The panelists discuss just cause in the Postal Service.

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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 review of whether the penalty was unfair, arbitrary or capricious (i.e., unreasonable) from the arbitrator’s perspective.

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Just Cause, an evolving standard. Panel discussion.

The panelists, representing management, labor, and neutrals, discuss implications of a just cause standard for discharge based upon the arbitrator’s assessment of the reasonableness of the penalty in each case.

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Just cause across industries: I. Airlines

The panelists discuss just cause in the airline industry.

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Workplace justice without unions: Summary of a study

A comparison of the industrial justice systems developed by non-unionized companies, comparing them also to labor arbitration, to United States courts, and to courts in other countries, examining the favorableness of the systems to the respective parties and examining several other dimensions. The studies show the statistical “win” percentages in various forums; the costs; and …

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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, and a therapeutic model are examined. Arbitrators are encouraged to prescribe remedies that conform to the values and practices previously adopted by the parties, and …

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There has been legislation in Great Britain against unfair dismissals in operation since February 1972. The author explores workers rights in Britain (union and non-union) and the effects of the Industrial Relations Act of 1971.

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Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and equitable remedies, unless proscribed by the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …

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