A fact-based and scenario based discussion of how evidentiary and procedural issues have been expeditiously addressed by arbitrators before, during and after the hearing.

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 …

The panelists discuss just cause in the Postal Service.

The panelists discuss just cause in the railroad industry.

A survey of HR managers and labor relations personnel indicated that 86% of the employees who were reinstated after discharge were still employed, and had not engaged in recidivism. The majority had improved disciplinary records after reinstatement. Duty of fair representation (DFR) cases were brought in less than 1% of the 1,300 cases. Five percent …

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 CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …