Discipline & Discharge
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All disciplinary cases brought to labor arbitration are ultimately matters of contract interpretation, since those rules that must apply are framed by the terms of the parties’ collective bargaining agreement.
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In every discipline case there are factors that indicate certain action is warranted, and factors that bend the decision in the opposite direction. Because disciplinary cases rely heavily on the specifics of the situation, a factor that ultimately controls the outcome in one case may prove irrelevant or have the opposite impact in another.
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By establishing a practice of acting in good faith in their interactions, employers and unions can be better positioned to meet the foremost goal of just cause: to protect the rights of both employee and employer.
Charlene MacMillan, Arbitrator 