The arbitration of cases involving aggression against supervisors

Article Abstract:

Arbitrators commonly cite mitigating circumstances to reduce or rescind labor discipline for aggressive behavior against supervisors but do apply the principle of just cause in deciding if such discipline is warranted. There is broad support for rules limiting verbal or physical assaults against supervisors even if such rules are not published. Just cause also requires that the penalty fits the crime and if this is not the case, said penalty may be reduced or rescinded, and if supervisors' conduct leads to the problem or if the employer does not conduct a full investigation this may also happen.

Laws, regulations and rules, Workplace violence, Employee discipline

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Disclosure problems of the academic labor arbitrator

Article Abstract:

Academic labor arbitrators should disclose prior relationships they may have had with parties in a dispute. Prior relationships are usually with employees and employers for whom the academic has conducted seminars or with whom the academic has conducted research. Prior relationships also include former students. University standards of conduct generally provide the professionalism that would preclude subsequent prejudice, but relationships with students are sometimes close enough to recommend recusal from the arbitration.

Universities and colleges, College teachers, College faculty, Labor relations

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The arbitrator's dilemma: external vs. internal law? Narrowing the debate

Article Abstract:

Arbitrators should rely on external law to resolve labor disputes if the situation warrants it. A sense of finality and efficient dispute resolution are key components to successful arbitration. External law should be introduced to fulfill those goals of arbitration. Some practitioners argue arbitration should be conducted only under the terms of a collective bargaining agreement, but that approach often ignores the dispute context.

Interpretation and construction, Collective labor agreements

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