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The article examines 78 arbitration decisions that weigh the employer’s right to discipline for absenteeism against the employee’s family care-giving responsibilities. It places such absences in demographic context; examines when lack of child care is treated as a legitimate excuse for absence, describes communication problems regarding work-family conflicts; assesses the assumption that employer responsiveness to …

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Arbitrator Knowlton posits that fairness requires the evolution of the concept of just cause to take into account the contemporary circumstances of workers, who increasingly lack a familial safety net.

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The author asserts that substantive due process – a fair resolution of the merits of the case – requires that cases and general rules cited by the parties as precedent be re-examined – in the light of the case at hand – for the values they represent.

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An examination of how values – personal or societal conceptions of the way things ought to be – affect arbitrators’ deliberations.

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Arbitral implications: Hearing the sounds of silence

Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those implications that help to preserve the parties’ bargain and reject those that alter or enlarge it. Author Macey agrees that preserving the parties’ bargain should be a guiding concern, but …

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An analysis and comparison of three arbitration opinions regarding personal grooming requirements and, in particular, hair-and-beard regulations promulgated by employers. Such regulations are not a matter of managerial discretion, but must meet the test of reasonableness. Valtin notes that arbitrators tend to apply old-fashioned analyses to workplace controversies involving the new morality and changed lifestyles.

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