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:… Read More »The arbitrator’s remedial powers
A review of litigation over random and “reasonable suspicion” drug testing. The scientific and technical issues in drug-testing arbitration disputes are explored.
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,… Read More »Remedies, troubled employees, and the arbitrator’s role
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… Read More »Just cause and the troubled employee
The author gives an overview of the public sector restraints on drug testing, and private sector issues including the unilateral institution of drug testing, drug… Read More »Substance abuse: The problem that won’t go away.1. A Labor perspective
The author states that drug testing is here to stay; that, when done correctly, it works; and that arbitrators have an obligation to apply the… Read More »Substance abuse: The problem that won’t go away.2. A Management perspective
Professor Clark advocates federal legislation to set standards for all forms of employer investigations, searches and tests to uncover illicit drug use, as a means… Read More »Substance abuse: 3. Drug abuse in the workplace: Arbitration in the context of a national solution of decriminalization
A discussion of the impact of substance abuse in the workplace, and related arbitration decisions. Different approaches taken by the parties and by arbitrators are… Read More »The arbitration of employee drug abuse cases:1. An arbitrator’ s perspective
A discussion of the experience of the Airline Pilots Association and U.S. carriers in addressing the problems of alcohol and substance abuse, and issues in… Read More »The arbitration of employee drug abuse cases:2. Some special issues peculiar to airline carrier pilots
A discussion of substance abuse issues from the perspective of an employer. The use of job performance approaches are advocated, with a limited joint labor-management… Read More »The arbitration of employee drug abuse cases:3. An industrial relations perspective