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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 sincere apologies, and those who had attained seniority received reduced disiplinary penalties.

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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 discharge cases is examined.

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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, and a therapeutic model are examined. Arbitrators are encouraged to prescribe remedies that conform to the values and practices previously adopted by the parties, and …

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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 misconduct or unsatisfactory job performance. Arbitral treatment of alcoholic, drug-addicted, and mentally ill employees is examined. Observations are drawn from cases reported in volumes 70 …

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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 identifies the criteria used in making the determinations. Arbitrator Aaron forecasts that studies of this kind will become more meaningful as more of them are …

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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, by management, between firmness and patience; and, (3) he draws a distinction between “”negative leadership”” and “”affirmative leadership”” when considering disciplinary action taken against Union …

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