Sybil is a union arbitrator. She has been assigned to a case where a teacher was terminated based on her behavior at a bar over the weekend. What questions will Sybil consider as she reviews the case?

Question

What will be an ideal response?

Answer 1

In the most common case-discharge or discipline-the arbitrators answer the following due process questions before arriving at a decision:

1. Did the employee know what the rule or expectation was and what the consequences of not adhering to it were?
2. Was the rule applied in a consistent and predictable way?
3. Are facts collected in a fair and systematic manner?
4. Does the employee have the right to question the facts and present a defense?
5. Does the employee have the right to appeal a decision?
6. Is there progressive discipline? Except perhaps for severe cases, an arbitrator will typically look for evidence that an employee was alerted as early as possible that behavior was inappropriate and the employee was given a chance to change prior to some form of severe discipline, such as discharge.
7. Are there unique mitigating circumstances? Although discipline must be consistent, individuals differ in terms of their prior service, performance, and discipline record. All of these factors may need to be considered.