Arbitration of Discipline in the Public Sector: Case Characteristics and Party Behaviors Predicting Case Outcomes

Helen LaVan

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DOI: 10.2190/CN.31.3.b

Abstract

The literature suggests that public sector arbitration cases fall into four categories: grievant characteristics, other case characteristics, management behaviors, and/or arbitrator behaviors. Certain grievant and/or case characteristics (type of employee, including police and firefighters; type of union; level of government; off- vs. on-duty behavior; whether the grievance has a legal as well was contractual basis, and/or whether there is a third party) lead to different case outcomes. Similarly, certain management practices (not following predefined practices, proposing a certain level of discipline) and certain arbitrator behaviors (determination of just cause, ignoring of contract stipulations, and consideration of the past record of the grievant) lead to different case outcomes. A random sample from 485 published, arbitrated cases was drawn to develop a model to predict outcomes of arbitrated public sector discipline cases. Implications for the practice of effective labor relations in the public sector from union and management perspectives were drawn from the analyses.

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