How and Why Labor Arbitrators Decide Discipline and Discharge Cases: An Empirical Examination

Arbitration, Proceedings of the Sixtieth Annual Meeting, National Academy of Arbitrators, 2007

Minnesota Legal Studies Research Paper No. 08-12

45 Pages Posted: 19 Mar 2008

See all articles by Laura J. Cooper

Laura J. Cooper

University of Minnesota - Twin Cities - School of Law

Mario Bognanno

University of Minnesota - Twin Cities

Stephen F. Befort

University of Minnesota Law School

Abstract

This book chapter summarizes the preliminary findings of what may be the most comprehensive collection of discipline and discharge arbitration decisions ever subject to systematic analysis. Since the early 1980s, arbitrators on Minnesota's Bureau of Mediation Services (BMS) roster have been required to file a copy of their decisions with the BMS regardless of the source or sector of their appointment. The authors of this chapter coded information concerning 2,055 discipline and discharge cases decided between 1982 and 2005, as well information about the arbitrators who decided those cases. The size of the data base and the large variety of coded survey items permits empirical testing of many assertions in the arbitration literature about the nature of discipline and discharge decision-making. In some respects, our findings support the conclusions in the literature about arbitral decision-making and in the empirical studies on which some of those conclusions were based, but in other respects our results challenge those statements and studies.

These findings examine such issues as the impact of last chance agreements, burden of proof standards, the Seven Tests of Just Cause, and individual arbitrator characteristics, as well as the prevalence of reinstatement without back pay awards.

Keywords: labor, arbitration, discipline, discharge

Suggested Citation

Cooper, Laura J. and Bognanno, Mario and Befort, Stephen F., How and Why Labor Arbitrators Decide Discipline and Discharge Cases: An Empirical Examination. Arbitration, Proceedings of the Sixtieth Annual Meeting, National Academy of Arbitrators, 2007; Minnesota Legal Studies Research Paper No. 08-12. Available at SSRN: https://ssrn.com/abstract=1107508

Laura J. Cooper

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Mario Bognanno

University of Minnesota - Twin Cities ( email )

420 Delaware St. SE
Minneapolis, MN 55455
United States

Stephen F. Befort (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
(612) 625-7342 (Phone)
(612) 625-2011 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
575
rank
45,485
Abstract Views
3,076
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information