įurther, arbitral awards are afforded great finality. Or to modify or entirely rescind the discipline and order back pay. Further, arbitrators areĮmpowered and given broad discretion to impose alternate disciplinary actions, Specific rules of conduct if an arbitrator finds that just cause does not exist Arbitrators are typically not constrained by an employer’s Regarding similar behavior, and the fairness of the employer’s conduct and the Whether the employer’s motivation in disciplining the employee was objectivelyĪn arbitrator will consider the employer’s investigation, past practices The factual basis of whether an employee committed a disciplinable act and May consider a wide variety of factors in assessing just cause, going beyond Whether just cause exists for the employee’s discipline, and if not, what shall
Discipline cases under private sector collective bargainingĪgreements and submitted to arbitration typically apply the seven tests of justĪrbitrator a wide degree of latitude in assessing two principal questions: Inclusion of a “just cause” provision is standard in collective bargainingĪgreements. Unionized private sector arbitration – the seven tests of just cause What constitutes just cause is not consistent in Maryland law, nor are arbitrators or other factfinders similarly empowered to craft a remedy as a private sector labor arbitrator. Maryland courts have crafted no less than three different standards and rights to review, depending on the source of an employee’s rights. Maryland courts have created a multiplicity of approaches to the just cause framework, and afford factfinders lesser deference than is found in the traditional just cause case. These rights arise under individual employment contracts, public sector collective bargaining agreements, and state or local laws, and contain different rights of review. In Maryland, many classes of employees outside of unionized private-sector workplace are not “at will” employees and can challenge disciplinary actions under a just cause standard. The seven tests of just cause have beenĭeveloped and applied through decades of arbitral law, and are generallyĪpplied by labor arbitrators widely across different collective bargaining In the unionized private sector context, this has given Protections is the employee’s ability to challenge disciplinary action under a Ryon, Principal, Kahn, Smith & Collins, P.A.īy David Maher, Associate, Kahn, Smith & Collins, P.A.