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Although changing life styles have given rise to new disciplinary issues, those issues are generally adequately resolved by application of already established arbitration standards and principles. Novel questions that arise…

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Title: Alcoholism and the just cause for discharge

Discharge for alcoholism or alcohol-related misconduct poses one of the “greater dilemmas” for arbitrators. The authors discuss the growth of occupational programs, both employer-initiated and through collective bargaining. In many…

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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 arbitrating related cases. The impact…

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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 discussed, as is whether drug…

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Alcoholism and the world of work

A specialist in the field of “problem drinking, alcohol abuse and alcoholism” supports the concept of treating alcohol-related problems of employees as a disease. The author, writing at an early…

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Alcohol is an “addictive drug” with a particular American concern, following the experiment with Prohibition. In industry, concern with alcoholism was centered on a “job performance criterion”; that is, whether…

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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…

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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,…

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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 of avoiding inconsistent employer policies…

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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…

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