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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 management and labor, attorneys and non-attorneys) stated how they decided. And he audience voted. This article examines that session and presents a statistical analysis of a survey of the audience …

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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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Just cause across industries: VI. Media, Communications, and Technology

The panelists use a hypothetical discharge to analyze just cause pertaining to the use of new technologies.

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Just cause across industries: VII. Railroads

The panelists discuss just cause in the railroad industry.

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Just cause across industries: VIII. Health Care

The panelists discuss just cause in the health care industry.

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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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