Discipline and Discharge in Arbitration, Third Edition
In Discipline and Discharge in Arbitration, Third Edition, experienced practitioners analyze the standards and rationales used by arbitrators in rendering their awards for cases involving absenteeism, insubordination, theft/falsification, off-duty behavior, negligence on the job, possession of drugs, fighting, employee use of social media, and much more.
The Third Edition devotes an entire chapter to the developing area of employee use of social media, exploring the ramifications of a world and workplace in which the expectations of privacy are changing and where speech traditionally regarded as “off duty” may raise workplace concerns. It also explores the NLRA issues raised by social media becoming the way in which workers communicate with one another, as well as the new arbitral discovery issues created by social media providers.
In addition, the Third Edition gives advocates insight on how to argue their cases in areas such as drugs, harassment, and other areas where new arbitral trends have emerged or older trends have been abandoned. It offers specific information on the principles of just cause that have been developed to address both substantive and procedural issues in discipline cases. Neutrals will find how traditional principles have been modified to account for different workplaces with new technology.
SUMMARY OF CONTENTS
- Arbitration Advocacy
- Just Cause
- Job Performance Problems
- Insubordination: Refusals to Perform Work or Cooperate
- Substance Abuse
- Dishonesty and Disloyalty
- Workplace Misconduct
- Off-Duty Conduct
- Employee Use of Social Media
- Union Activities
- Evidentiary and Procedural Considerations
- Remedies for Inappropriate Discipline
- External Law
- Finality of Awards and Court Actions
- Titles of NAA Proceedings
- Table of Arbitration Decisions
- Table of Arbitrators
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2015/ 904 pp. Hardcover/ISBN 978-1-61746-463-8/Order #2463
“This substantial revision of the original 1998 work brings the latest thought and analysis to bear on a field which has undergone substantial change over the past ten years.”
Kendall F. Svengalis
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