Protection Against Unjust Discipline - An Idea Whose Time Has Long Since Come (From Arbitration Issues for the 1980s, P 43-76, 1982, James L Stern and Barbara D Dennis, ed. - See NCJ-96502)

• NCJ Number: 96505
• Author(s): T J St Antoine
• Date Published: 1982
• Length: 20 pages
• Sale Source: Bureau of National Affairs
• Language: English
• Country: United States of America

Annotation

The common law of contract, tort, or even property needs only a small adjustment to accommodate a new law protecting employees against unjust discipline.

Abstract

Despite civil rights law and other statutory developments to protect workers, unorganized private employers in most jurisdictions in the United States need make no positive showing of cause before ridding themselves of unwanted employees. In contrast, the common pattern in Western Europe is to try discharge cases before special labor courts. The judiciary in the United States may be able to respond to extreme cases and atypical situations, but new specialized legislation is needed to protect those workers who do not have unique skills, are not unionized, or not in the civil service. Such a statute should articulate a standard for lawful discharge or discipline in terms of just cause and probably be silent on the burden and quantum of proof. It should exclude certain classes of employees: managers and supervisors and probationary, public, and organized employees. It should address an extended suspension, a denied promotion, or an onerous job assignment, as well as dismissals. Arbitration is the superior procedure for just cause determinations, although the law should have provisions to encourage settlement before the formal hearing. Remedies should include reinstatement, as well as severance pay in lieu of reinstatement. A total of 82 notes are supplied.