Discipline and Discharge (From Arbitration in Practice, P 88-102, 1984, Arnold M Zack, ed. - See NCJ-98940)

• NCJ Number: 98946
• Author(s): J T McKelvey
• Date Published: 1984
• Length: 15 pages
• Sale Source: ILR Press
• Language: English
• Country: United States of America

Annotation

This paper considers issues confronting arbitrators in deciding issues of employee discipline and discharge. It addresses the concept of just cause for discipline or dismissal; criteria for arbitration decisions in such cases, and dealing with charges of employee incompetence, insubordination, and misconduct.

Abstract

Since most collective bargaining agreements indicate that an employee can only be disciplined or discharged for just cause, an arbitrator must decide whether just cause exists in such cases. This paper outlines arbitral criteria for determining just cause as they have evolved in arbitration case precedents. One of the common principles in just cause determinations is recommending corrective rather than punitive discipline, but such a concept assumes that an employee's deficiencies are correctable. The author examines the issues of employee incompetence and undependability due to recurring illness, which may not be correctable, thus warranting discharge. Another frequent employee offense, insubordination, is also discussed, along with employee conduct manifested in theft, absenteeism, fighting, alcoholism and drug abuse, and off-the-job conduct. The concluding section of the paper presents some general principles usually followed by arbitrators in cases of employee discipline and discharge.