Exploring the "Lumpiness" of Grievance Arbitration Decision Making

Rafael Gely
Timothy D. Chandler


DOI: 10.2190/CN.32.4.c

Abstract

This article examines arbitrator decision making in discipline cases involving alleged workplace violence. The basic premise of the article is that arbitrator decision making is more "lumpy" than the existing literature suggests. That is, when deciding grievances, arbitrators consider factors in combination rather than in isolation from one another. The analysis of content-coded arbitration decisions relies primarily on qualitative techniques to examine the effects of various factors on arbitration outcomes. The results suggest that arbitrators base decisions on combinations of factors. Specifically, union arguments built around the incident that gave rise to the discipline or equal protection claims are associated with union success at arbitration.

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