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

Home » Archive

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

The authors furnished NAA members with hypothetical scenarios and asked them to render a decision based on those scenarios. The results of the survey was that those grievance who offered…

Read more

The author offers several observations about disciplinary actions. He recommends (1) that factual uncertainty and doubt be considered a mitigating factor; (2) he observes that “corrective discipline,”” requires a balance,…

Read more

Remedies, troubled employees, and the arbitrator’s role

The challenges confronting arbitrators in cases involving troubled employees, such as employees with chronic alcohol and drug issues. Remedies based on a traditional corrective discipline, a modified corrective discipline model,…

Read more

A review of research on the relationship – between seniority and job performance – after reinstatement in discharge cases. The arbitral rationale for treating seniority as a mitigating factor in…

Read more

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…

Read more