A study of reversal determinants in discipline and discharge arbitration awards: The impact of just cause standards

This study used a sample of 269 private sector arbitration cases to classify the determinants given by arbitrators for reversing managerial action in discipline cases. Results are compared against just cause principles, a pervasive arbitration standard used to adjudicate misconduct issues. Results show that five factors: (1) lack of supporting evidence, (2) mitigating circumstances, (3) arbitrary, capricious or disparate employee treatment, (4) inappropriate administration of rules and job requirements, and (5) procedural errors committed by management which prejudice the grievant's rights are the primary causes for overturning employee discipline. Case examples are provided to illustrate the reversal determinants. The findings hold important lessons for labor practitioners handling discipline cases and for researchers concerned with arbitral decision criteria. A literature review is included.