WHY ARBITRATORS OVERTURN MANAGERS IN EMPLOYEE SUSPENSION AND DISCHARGE CASES
GEORGE W. BOHLANDER
AbstractThis study used a sample of 242 public sector arbitration cases to determine the reasons arbitrators gave for reversing managerial action in employee suspension and discharge cases. Results show that five factors: a lack of evidence, mitigating circumstances, procedural errors in case handling, overly harsh punishment for rule infraction, and management partly at fault are the primary causes for overturning employee discipline. The article contains important lessons for improving the handling of employee suspension and discharge matters. A literature review is provided that details various aspects of arbitrator decision making.
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