NCJ Number
120147
Journal
Labor Law Journal Volume: 40 Issue: 9 Dated: (September 1989) Pages: 582-593
Date Published
1989
Length
12 pages
Annotation
Based on a study of a sample of 145 relevant arbitration cases drawn from Volumes 85-91 of the Labor Arbitration Reports for the period July 1985 to August 1988, this article argues that the burden of proof determined by arbitrators to apply in substance abuse employee discharge cases is strongly influenced by societal norms and values.
Abstract
Arbitrators are influenced by the prevailing social norm that alcohol abusers are qualitatively different from drug abusers, thereby justifying disparate treatment between the two. Alcohol abusers are more often viewed sympathetically as persons who are ill and in need of medical treatment. This article examines the dichotomy in terms of the burden of proof that an employer must overcome to sustain a position in a grievance arbitration. The model presented suggests that the burden of proof can be manipulated by arbitrators to reach arbitral outcomes consistent with prevailing social norms regarding substance abuse. 1 table, 1 figure, 35 footnotes.