Do Arbitrators Use Just Cause Standards in Deciding Discharge and Discipline Cases? A Test.
This study used a rule induction, as a form of “machine learning” for pattern recognition to examine an alleged common law put forward by Arbitrator Carroll Daugherty regarding key factors used by labor arbitrators in the United States to decide discipline and discharge cases. Control variables for...
| Published in: | Journal of Labor Research Vol. 30; no. 3; pp. 245 - 262 |
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| Main Authors: | , |
| Format: | Article |
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Springer Science & Business Media B.V.
Summer 2009
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| Subjects: | |
| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=510872614&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 510872614 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 01953613 JLR jtl: Journal of Labor Research issn: 01953613 maglogo: N pubinfo: dt: Summer 2009 vid: 30 iid: 3 pid: 237 pub: Springer Science & Business Media B.V. artinfo: ui: 510872614 10.1007/s12122-009-9065-6 ppf: 245 ppct: 17 formats: fmt: – @attributes: type: T – @attributes: type: P size: 1.1MB tig: atl: Do Arbitrators Use Just Cause Standards in Deciding Discharge and Discipline Cases? A Test. aug: au: Dilts, David A. Moore, James S. su: Labor arbitrators Common law Labor arbitration Mathematical models sug: subj: Labor arbitrators Common law Labor arbitration Mathematical models ab: This study used a rule induction, as a form of “machine learning” for pattern recognition to examine an alleged common law put forward by Arbitrator Carroll Daugherty regarding key factors used by labor arbitrators in the United States to decide discipline and discharge cases. Control variables for public sector or private sector origin of the case and characteristics of the aggrieved employee(s) or of the arbitrator were not found to influence arbitral thought. However, the alleged common law identified by Carroll Daugherty provided a set of rules which had a hit ratio of nearly 90% indicating strong support for there actually being a common law developed over the period examined. This scientific evidence supports the hypothesized common law of just cause for discipline being applied by labor arbitrators. Further, the existence of such common law should provide greater predictability and consistency to disciplinary proceedings and may be useful in examining similarly situated decision-making activities in arbitration, law, and other professions. Reprinted by permission of the publisher. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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