Just cause across industries: II: Manufacturing and Heavy Industry
The panelists discuss just cause in manufacturing and heavy industry.
just cause
Just cause across industries: V. public sector
The panelists discuss just cause in public sector (non-federal).
Work and family conflict. The evolution of worklife disputes in grievance arbitration: A commentary on Professor Joan Williams’ preceding article
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… Read More »Work and family conflict. The evolution of worklife disputes in grievance arbitration: A commentary on Professor Joan Williams’ preceding article
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… Read More »Workplace justice without unions: Summary of a study
To what extent do and should the seven tests guide arbitrators or the parties?
An assessment of the relevance of the procedural due process criteria of Arbitrator Carroll Daugherty’s seven tests for just cause, and the “harmful error” standard… Read More »To what extent do and should the seven tests guide arbitrators or the parties?
The changing face of just cause:One standard or many? Overview
An examination of the arbitrator’s role in applying public statutes to determinations of just cause when those statutes have been incorporated by reference into the… Read More »The changing face of just cause:One standard or many? Overview
The changing face of just cause:One standard or many? The union response
The author recommends that, when statute is cited in a just cause case, the arbitrator have the parties thoroughly address the statutory arguments, and that… Read More »The changing face of just cause:One standard or many? The union response
The changing face of just cause:One standard or many? Management response
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… Read More »The changing face of just cause:One standard or many? Management response
Mitigation and labor arbitration: Part 2. An Academy survey: Do you mitigate?
A survey of Academy members, concerning the circumstances under which they will mitigate discipline based upon the denial of due process.
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… Read More »Arbitral discretion: The tests of just cause
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