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Just cause across industries: I. Airlines

The panelists discuss just cause in the airline industry.

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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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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…

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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 other countries, examining the favorableness…

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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 of the Federal Civil Service…

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The arbitration of discharge cases: a case study.

An analysis of arbitration awards involving the question of just cause for discharge for four major categories of offenses. The author considers whether the penalty is upheld or modified, and…

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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…

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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 the arbitrator then present a…

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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 CBA….

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A survey of Academy members, concerning the circumstances under which they will mitigate discipline based upon the denial of due process.

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