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Professor Hill examines exceptions to the general principle that a grievant’s post-discharge behavior is irrelevant. Both judicial and arbitratral decisions are presented to illustrate those exceptions. In general, courts have been receptive to arbitrators’ taking notice of post-discharge evidence in just cause cases. The author presents the elements that should be required to show post-discharge …

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The arbitrator’s remedial powers

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed when discovered, and in sufficient time for the Union to prepare a defense, the employer is entitled to present it and the arbitrator is obligated …

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Admissibility of evidence

Excerpts from workshops on the admissibility of evidence. The subjects include 1) the grievant’s prior employment record; 2) spotters’ reports; 3) decisions of other tribunals; 4) new evidence at hearing; 5) the grievant’s post-discharge conduct; 6) stolen documents; 7) lie detector tests, and 8) burden of proof.

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