BOOK

Discipline and Discharge in Arbitration, Third Edition

This treatise highlights the rationales labor arbitrators have used in rendering their awards for cases involving absenteeism, insubordination, theft/falsification, off-duty behavior, negligence on the job, possession of drugs, fighting, harassment, and much more. The Third Edition looks in-depth at issues surrounding social media, company mobile devices, and on- and off-duty speech.

 

Price: $250 Book

DESCRIPTION

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. 

This important resource gives advocates new insight into how to argue their cases involving issues such as drugs, harassment, social media, and others 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—or not—to account for different work places with new technology.

 


SUMMARY OF CONTENTS

  • Arbitration Advocacy
  • Just Cause
  • Attendance
  • 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

AUTHORS

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Norman Brand has been engaged in dispute resolution full time since 1983 and is a member of the National Academy of Arbitrators, a Fellow of the College of Labor and Employment Lawyers, a Fellow of the American College of Employee Benefits Counsel, and past president of the California Dispute Resolution Council. Brand has been voted a “Super Lawyer in ADR” in Northern California.

Melissa H. Biren has more than 30 years of experience in labor and employment matters.  She has been a full time arbitrator and mediator since 2002 resolving workplace disputes in the public and private sectors, and is a member of the National Academy of Arbitrators.  She is Chair of the NY/NJ Metro Region of NAA and past president of NJ LERA.


CONTENTS

View full tables of contents and read the book’s preface or introduction.