Originally from Dispute Resolution Journal

This article examines the premise that the use of the criminal standard for burden of proof- "beyond a reasonable doubt" -is not appropriate in labor arbitration since many underlymg assumptions are out of date or invalid. The author argues that while human nature tends to apply some higher standard of proof in in any case where the arbitrator is constrained to either sustam a discharge or reinstate with back-pay, the us~ of the criminal standard is unfair to all the parbes-the grievant, the employer and the union- since it essentially imposes the arbitrator's own personal standard of industrial justice.