Taking it Easy—the Arbitration of Sleeping-on-the-job Cases

Donald J. Petersen

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DOI: 10.2190/5DLM-6NJX-48MH-1AXT

Abstract

Sleeping-on-the-job grievances have long been a part of the menu of cases for labor arbitrators. Current arbitral thinking on the subject was reflected in seventy-three reported arbitration cases used in this study. Part of the challenge facing an arbitrator in such matters is to determine whether or not an employee is at sleep. This will, in part, depend on the duration of time that the employee is observed "sleeping," as well as other body position and physical indices of sleep. Inadvertent sleeping is considered less serious to an arbitrator than deliberate sleeping or "nesting." Arbitrators may also take into account environmental factors, such as an employee has been working long hours, state of employee's health, etc., as possible mitigating circumstances when an employee is discovered sleeping.

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