Customer Reviews

Discipline and Discharge in Arbitration

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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.