Labour Arbitration

  1. Substantive Issues in Discipline and Discharge Arbitration
    1. The Concept of Just Cause
      1. Application in Practice
        1. Burden on Employer
          1. Contextual Analysis
          2. Progressive Discipline
            1. Principles and Rationale
              1. Corrective Purpose
                1. Escalating Consequences
                2. Verbal Warnings
                  1. Documentation Requirements
                    1. Follow-up Procedures
                    2. Written Warnings
                      1. Content and Specificity
                        1. Impact on Record
                        2. Suspensions
                          1. Duration and Justification
                            1. Investigative Suspensions
                            2. Termination
                              1. Grounds and Process
                                1. Summary Dismissal
                                2. Exceptions to Progressive Discipline
                                  1. Serious Misconduct
                                    1. Safety Violations
                                  2. Culpable Conduct
                                    1. Insubordination
                                      1. Definition and Elements
                                        1. Willful Disobedience
                                          1. Reasonable Orders
                                          2. Dishonesty and Theft
                                            1. Investigation Requirements
                                              1. Standard of Proof
                                                1. Off-Duty Conduct
                                                2. Absenteeism and Lateness
                                                  1. Patterns and Documentation
                                                    1. Innocent vs. Culpable
                                                      1. Progressive Response
                                                      2. Workplace Harassment and Violence
                                                        1. Definitions and Types
                                                          1. Employer Obligations
                                                            1. Investigation Procedures
                                                            2. Breach of Company Rules
                                                              1. Communication of Rules
                                                                1. Consistency in Application
                                                                  1. Reasonableness of Rules
                                                                  2. Substance Abuse and Impairment
                                                                    1. Testing Policies
                                                                      1. Accommodation Duties
                                                                        1. Treatment Programs
                                                                        2. Conflict of Interest
                                                                          1. Outside Employment
                                                                            1. Personal Relationships
                                                                            2. Misuse of Company Property
                                                                              1. Equipment and Resources
                                                                                1. Information and Data
                                                                              2. The Culminating Incident Doctrine
                                                                                1. Definition and Application
                                                                                  1. Prior Discipline Requirements
                                                                                    1. Final Incident Analysis
                                                                                      1. Proportionality
                                                                                      2. Mitigating and Aggravating Factors
                                                                                        1. Economic Hardship
                                                                                          1. Personal Impact
                                                                                            1. Family Circumstances

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                                                                                        6. The Arbitration Hearing

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                                                                                        8. Substantive Issues in Contract Interpretation Arbitration