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…
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…
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…
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…
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…
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…
The arbitrator’s remedial powers
Kenneth B. Cooper, George J. Matkov, Jr., George Nicolau, Jesse Simons
March 16, 1990 Proceedings Database
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…
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,…
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…
Just cause and the troubled employee
Daniel G. Collins, Linda Lamkin, Thomas R. Miller, Susan M. Oliver
January 1, 1988 Proceedings Database
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…
The Chronicle
- The arbitrator and the NLRB: The arbitrator, the NLRB, and the courts
- Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965
- Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
- Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
- Employer neutrality and card checks 2. Navigating the uncharted seas of negotiated tranquility: A management perspective on employer neutrality agreements and card checks
- New dimensions in public-sector grievance arbitration: 2. Some recent developments in public-sector grievance arbitration: A view from New York
- Statutory Rights and Arbitrator Authority: Labor Arbitration after Pyett I. Statutory Rights in Labor Arbitration after Pyett
- Ramifications of back-pay awards in suspension and discharge cases.II. Ramifications of back pay in suspension and discharge cases
- Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – I. Improving Due Process in Employment Arbitration
- Advisory arbitration of new contracts: a case study2. Why advisory arbitration of new contracts