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Arbitral discretion: The tests of just cause

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 of the “common law” of…

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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 process alone, and did not…

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An evaluation, by advocates, of arbitrators’ performance in discharge and discipline cases, with emphasis on arbitrators’ definitions of just cause, the need for the appearance of fairness and for reasoned…

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The author offers several observations about disciplinary actions. He recommends (1) that factual uncertainty and doubt be considered a mitigating factor; (2) he observes that “corrective discipline,”” requires a balance,…

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The criminal law and industrial discipline as sanctioning systems: Some comparative observations

A discussion of fundamental issues of the criminal law and industrial discipline and a comparison of the responses of each system to the issue. The author discusses the workings and…

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An examination of industrial discipline. The author states that managers and labor would benefit from a mutual commitment to sound personnel policy and supervisory conduct, focusing on what, rather than…

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