Discipline and Discharge in Arbitration [Hardcover]

Norman Brand (Author, Editor), Patricia Thomas Bittel (Editor), Henry G. Stewart (Editor), American Bar Association Committee on Alternative Dispute Resolution (Corporate Author)

Book Description

ISBN-10: 1570180601 | ISBN-13: 978-1570180606 | Publication Date: December 1998

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.

--This text refers to an alternate Hardcover edition.

Product Details

• Hardcover: 527 pages
• Publisher: Bna Books (December 1998)
• Language: English
• ISBN-10: 1570180601
• ISBN-13: 978-1570180606
• Product Dimensions: 10.1 x 7.1 x 1.4 inches
• Shipping Weight: 2.6 pounds
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #2,024,572 in Books (See Top 100 in Books)

Customer Reviews

Most Helpful Customer Reviews

2 of 2 people found the following review helpful:

5.0 out of 5 stars Need a Little Edge?, May 5, 2010

By 

Gary L. Connely (Hercules, CA) - See all my reviews
(REAL NAME)   

This review is from: Discipline and Discharge in Arbitration (Hardcover)

This afternoon I was preparing an arbitration case involving a discharge for absenteeism. Spread out on my desk are copies of "How Arbitration Works," by Frank and Edna Elkouri, Owen Fairweather's "Practice and Procedure in Labor Arbitration," and Norman Brand's "Discipline and Discharge in Arbitration." I've been handling arbitration cases for more than 40 years - I've done more than 250 - but you never know it all - and I know enough to start every case with a little research "outside" the grievance file.

"Discipline and Discharge in Arbitration" has three advantages over Elkouri and Elkouri's "bible:" 1) It costs less; 2) it weighs less; and 3) it's focused entirely on discipline.

Whether you are an employer's representative or a union rep, you'll find "Discipline and Discharge in Arbitration" to be invaluable if you handle discipline grievances and/or arbitration cases. It's written in a clear, informative style - it's not dumbed down, but you also don't need a law degree to understand the material. Mr Brand, assisted by almost 100 co-editors and contributors, covers:

1) Arbitration advocacy;
2) Just cause;
3) Attendance;
4) Job performance problems;
5) Refusals to perform work or cooperate;
6) Substance abuse;
7) Dishonesty and disloyalty;
8) Workplace misconduct;
9) Off-duty misconduct;
10) Union activities;
11) Evidentiary and proceedural considerations;
12) Remedies for inappropriate discipline;
13) External law; and,
14) Finality of awards and court actions.

This is top flight info, from arbitrators, law professors and practicing advocates on both sides of the table. If you're like me and you're always lookin' for a little edge, having this volume in your personal library may be just what you need.