NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

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…

Read more

Arbitrator Knowlton posits that fairness requires the evolution of the concept of just cause to take into account the contemporary circumstances of workers, who increasingly lack a familial safety net.

Read more

Reviews requirements of government industrial security program as it impacts collective bargaining agreements. Examines the effects, upon an employee, of the denial or revocation of security clearance. Questions whether 1)…

Read more

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…

Read more

Report of a study of 207 arbitration awards published in Labor Arbitration Reports from 1950-1955 in which discharged employees were reinstated. Management and labor officials involved in the cases were…

Read more

Arbitration: A union viewpoint

Unions view the arbitration process as an extension of the democratic principles to the industrial world; the agreed-upon substitute for strikes or economic warfare, in a forum that is simpler,…

Read more

Where a statute has not been incorporated by reference into the CBA, the arbitrator’s application of the statutory standards can yield inequitable results. The author recommends that arbitrators resort to…

Read more

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…

Read more

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…

Read more

Just cause and the troubled employee

A discussion of whether, in assessing the appropriateness of discipline or discharge, arbitrators should take into account “distractions” (such as the employee’s marital, family, financial or legal problems) that cause…

Read more
Page 1 of 3 123