Originally from: AAA Handbook on Labor Arbitration - 2nd Edition

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CHAPTER 4

ISSUES IN DISCHARGE ARBITRATION

I. Introduction
Modern grievance arbitration is a notable success. Virtually all collective bargaining agreements include a grievance procedure as a fundamental aspect of contractual dispute resolution. During the more than fifty years since the end of World War II, many arbitration decisions have established standards commonly accepted in labor-relations practice. Nevertheless, some issues arise frequently and remain controversial. Three discipline-related areas have recently added to the controversial side of grievance arbitration. First is the arbitrator’s role in determining a remedy, which raises questions about the role of just cause in the process. Second are the circumstances, if any, under which the stated basis for discharge may be altered. The concluding issue is an employee’s past record in a discipline system which “wipes out” previous discipline over time.