NCJ Number
104798
Journal
Labor Law Journal Volume: 38 Issue: 1 Dated: (January 1987) Pages: 33-47
Date Published
1987
Length
15 pages
Annotation
This article examines trends in arbitration awards involving employee discharge cases over 40 years (1942-84), with attention to the considerations arbitrators use when deciding the merits of discharge grievances.
Abstract
Management's record in having discharge actions upheld by arbitrators has shown significant improvement in recent years. This may reflect gains in knowledge and experience that has improved management performance in the arbitration process. This includes management's development of precise criteria for determining 'just cause' for dismissing an employee, criteria that accord with relevant arbitration criteria. Mitigating circumstances considered by arbitrators include prior work record and accrued employee seniorty. Although individual arbitrators are generally consistent in their interpretation and application or arbitral principles case by case, there is still a diversity of opinion among arbitrators on many issues. This indicates the importance of union and management advocates conducting a careful review of each arbitrator's background and prior relevant decisions. The estimated 50 percent of management discharge decisions that are reversed or reduced demonstrates the importance of union contractual grievance-arbitration procedures ensuring an independent review of management discharge decisions. 5 tables and 50 footnotes.