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…

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…

The author opines that there is no effective substitute for the protections given a discharged employee by a well-written and administered discharge and arbitration section in a collective bargaining agreement,…

An evaluation, by advocates, of arbitrators’ performance in discharge and discipline cases, with emphasis on arbitrators’ definitions of just cause, the need for the appearance of fairness and for reasoned…

The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the 1960’s, with an increase in…

An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing various cases, the author emphasizes…

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…

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,…

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…

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…