10.2190/B4FX-2W70-3A2P-VL59 B4FX2W703A2PVL59 4 The Arbitration of Discipline and Discharge Cases Involving Criminal Activities 39 52 20020509 20020509 20020509 20020509 B4FX2W703A2PVL59.pdf http://baywood.metapress.com/link.asp?target=contribution&id=B4FX2W703A2PVL59 1 Donald J. Petersen Loyola University, Chicago, Illinois Employees involved in criminal activities while off-duty and off-workplace premises pose unique and difficult problems for employers. This article examines sixty-two published arbitration awards over the past ten years to determine arbitral guidelines concerning this important issue. Among other things, it reviews the conditions under which an employer may properly take disciplinary action when criminal activity takes place off-premises and on an employee's own time. It also reviews the requirements for suspending employees pending court resolution of the charges as well as employer liability for back pay should the charges be dismissed. The article further looks at whether or not a court determination of "not guilty" prevents further employer disciplinary action.