Arbitrator Winograd presents a dramatized discharge case, in which attorneys examined witnesses and gave closing arguments, after which a panel of arbitrators and advocates (both… Read More »Revisiting the Elements of Just Cause: The Case of the Missing Money
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 participants describe the differences between the way discharge penalties are arrived at in the federal sector, and the way that arbitrators deal with them,… Read More »Just cause across industries: III. The federal sector
The panelists discuss just cause in the Postal Service.
The panelists use a hypothetical discharge to analyze just cause pertaining to the use of new technologies.
The panelists discuss just cause in the railroad industry.
The panelists discuss just cause in the health care industry.
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
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… Read More »Just Cause, an evolving standard. Panel discussion.
The panelists discuss just cause in the airline industry.