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Expanding on a chapter of the classic Elkouri & Elkouri: How Arbitration Works, this treatise offers specific information on the principles of just cause that have been developed to address both substantive and procedural issues in discipline cases. Specialists from the ABA Section of Labor and Employment Law’s Committee on Alternative Dispute Resolution in Labor and Employment Law 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, and much more.
This volume enables you to analyze and argue the “just cause” standard confidently, based on nearly 3,000 cited cases; follow procedures thoroughly in investigation and in the use of evidence; evaluate the appropriateness of discipline clearly and compare possible remedies; examine how external law is being applied to cases involving age, sex, race, religion, and disabilities; and more.
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