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Arbitration: The Seven Tests of Just Cause

NCJ Number
Date Published
33 pages
This video is a reenactment of an actual arbitration case that was presided over by the noted arbitrator Adolph M. Koven.
The controversy is between the Blackacre Aircraft Company and the National Union of Workers, Local 202. Three union members have been dismissed for allegedly violating alcohol-related company rules. The questions arise regarding whether they were fired for "just cause," and whether the rights of the workers were violated. When a disciplinary case goes to arbitration, both sides have agreed beforehand that they will accept the arbitrator's decision as binding. The arbitrator listens to the witnesses' testimony and ensures that the proceedings are held in an orderly manner. As in a court of law, both sides are represented by attorneys who call and cross-examine witnesses. The burden of proof is on the company to show that it acted with just cause. The narrator explains the seven criteria for just cause: reasonable rule or order, notice, sufficient investigation, fair investigation, proof, equal treatment, and appropriate penalty. Participants evaluate all testimony in relation to these seven tests and determine what actions should be taken in regard to the three employees. Mr. Koven's ruling and explanations are then revealed.


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