Journal Facts

Journal
Journal of Collective Negotiations
ISSN
2167-7816 (print) 2167-7824 (electronic)
Volume
21
Issue
2
Date
6/1/1992

Article Facts

Title
THE ARBITRATION OF DISCIPLINARY MATTERS IN THE PUBLIC SECTOR: DOES OBJECTIVE EVIDENCE MAKE A DIFFERENCE?
DOI
10.2190/XFLC-PPL3-BB42-MT5U
Author
MASHALAH RAHNAMA-MOGHADAM, DAVID A. DILTS, AND AHMAD KARIM
Online Date
05/09/2002

Article Links

THE ARBITRATION OF DISCIPLINARY MATTERS IN THE PUBLIC SECTOR: DOES OBJECTIVE EVIDENCE MAKE A DIFFERENCE?

MASHALAH RAHNAMA-MOGHADAM, DAVID A. DILTS, AND AHMAD KARIM

DOI: 10.2190/XFLC-PPL3-BB42-MT5U

Abstract

This article presents the results of a study of published arbitration awards from public sector labor disputes concerning disciplinary matters. The hypothesis tested is that employers prevail more frequently in absenteeism matters than they do in cases where less objective evidence is available, such as insubordination. The examination of public sector arbitration awards supports this hypothesis. Unions win a majority of insubordination cases, whereas employers win a majority of absenteeism cases. This suggests that in cases which turn on objective evidence the burden of proof is more easily discharged.

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