Why do Arbitrators Uphold Discipline?: Examples from Sexual Harassment Grievances

Helen Elkiss



Based on a survey of eighty-three arbitration decisions, the author determined what attributes an arbitrator considers when ruling just cause for discipline exists in grievances involving coworker sexual harassment. Cases were researched to determine what weight, if any, was given to Title VII law, mitigating circumstances, burden of proof and due process rights; examples are provided. Over 50 percent of the decisions upheld discipline imposed by management. Recommendations for an effective sexual harassment employment policy are included, along with alternative dispute resolutions for resolving sexual harassment complaints.

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