Skip to content

Over-Reacting in a Discipline Case

(Source: Conference Reporter Newsletter 04/18/2019) At the Tampa conference last month, four labor arbitrators discussed a case in which the employer – a bank – disciplined an employee for using offensive language (the F word) toward a co-worker and for bullying her.  The discussion focused on the proper level of discipline.  The arbitrators felt management…

Read More

Fundamentals on Witness Preparation

(Source: Conference Reporter Newsletter 04/11/2019) At the Tampa conference last month, the speaker covered the topics of direct & cross-examination.  A key part is the preparation, and here are his five points.  The preface to each point is:  Tell your witness to. . . . 1.    Tell the truth. It seems obvious, but not…

Read More

Discipline & Social Media

(Source: Conference Reporter Newsletter 04/04/2019) At the conference in Tampa, a nationally-known labor arbitrator gave a lecture on social media.  Here are four take-aways. You posted it, you live with itThis aphorism refers to the following doctrine:  reasonable expectation of privacy.  The Supreme Court created this doctrine as a way to draw the line on…

Read More

Investigation Requirements

(Source: Conference Reporter Newsletter 03/21/2019) If you were advising someone on investigating their first case, it should include the following points.  The advice is from a long-time labor arbitrator who is the umpire under several national agreements.  It is from a lecture that he gave this month in Chicago. 1.  This is what I recommend:   …

Read More
Scroll To Top