How and Why Labor Arbitrators Decide Discipline and Discharge Cases

How and Why Labor Arbitrators Decide Discipline and Discharge Cases
Author: Laura J. Cooper
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

This book chapter summarizes the preliminary findings of what may be the most comprehensive collection of discipline and discharge arbitration decisions ever subject to systematic analysis. Since the early 1980s, arbitrators on Minnesota's Bureau of Mediation Services (BMS) roster have been required to file a copy of their decisions with the BMS regardless of the source or sector of their appointment. The authors of this chapter coded information concerning 2,055 discipline and discharge cases decided between 1982 and 2005, as well information about the arbitrators who decided those cases. The size of the data base and the large variety of coded survey items permits empirical testing of many assertions in the arbitration literature about the nature of discipline and discharge decision-making. In some respects, our findings support the conclusions in the literature about arbitral decision-making and in the empirical studies on which some of those conclusions were based, but in other respects our results challenge those statements and studies. These findings examine such issues as the impact of last chance agreements, burden of proof standards, the Seven Tests of Just Cause, and individual arbitrator characteristics, as well as the prevalence of reinstatement without back pay awards.

Industrial Discipline and the Arbitration Process

Industrial Discipline and the Arbitration Process
Author: Robert H. Skilton
Publisher: University of Pennsylvania Press
Total Pages: 84
Release: 2016-11-11
Genre: Law
ISBN: 1512806897

This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

Discipline and Discharge in the Unionized Firm

Discipline and Discharge in the Unionized Firm
Author: Orme W. Phelps
Publisher: Univ of California Press
Total Pages: 160
Release: 2022-08-19
Genre: Business & Economics
ISBN: 0520345754

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1959.

ADR in the Workplace

ADR in the Workplace
Author: Laura J. Cooper
Publisher: West Academic Publishing
Total Pages: 984
Release: 2005
Genre: Business & Economics
ISBN:

Arbitration, mediation, and other forms of alternative dispute resolution now have largely replaced litigation as the means of resolving all kinds of employment disputes in a variety of workplaces. These dispute resolution processes fundamentally alter the advocate s role and even the definition of employee legal rights. Disputes involving unionized workers have been resolved in arbitration for more than fifty years, but increasingly the process is being adapted to address the statutory and common law rights of nonunion employees. Issues such as employment discrimination that earlier would have been litigated are often now resolved in mediation. This textbook uses essays, arbitration awards, and court decisions to bring to the classroom the reality of contemporary workplace decision-making. It comprehensively addresses the substance and procedure for arbitration, mediation, and other dispute resolution mechanisms. The employment arbitration materials, in particular,

Grievance Arbitration of Discharge Cases

Grievance Arbitration of Discharge Cases
Author: George W. Adams
Publisher:
Total Pages: 122
Release: 1978
Genre: Business & Economics
ISBN:

Research report examining jurisprudence aspects of industryal discipline sanction, particularly dismissal and reinstatement through grievance arbitration in Canada - based on questionnaire responses, confirms the effectiveness of the dispute settlement decision making process. References and statistical tables.

Exit, Voice, and Loyalty

Exit, Voice, and Loyalty
Author: Albert O. Hirschman
Publisher: Harvard University Press
Total Pages: 180
Release: 1970
Genre: Business & Economics
ISBN: 9780674276604

An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of ‘unhappy’ top officials to resign over Vietnam, I decided to let myself go a little.”