April 30, 2025

When Private Lives Meet Workplace Discipline: How Arbitrators View Off-Duty Conduct

April 30, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Where does an employer's authority end and an employee's private life begin? This question frequently arises in labor disputes when workers face discipline for actions that occurred outside work hours and away from company property. While employees often assume their personal lives remain their own business, employers sometimes claim that certain off-duty behaviors justify workplace consequences.

April 23, 2025

Arbitrators' Decision-Making: Evaluating Workplace Discipline

April 23, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

When reviewing workplace discipline cases where some misconduct has been established, arbitrators face the challenge of determining whether the employer's chosen penalty fits the offense. This analysis involves weighing numerous factors to ensure that discipline serves its proper purpose—to correct behavior rather than merely punish, except in the most serious cases.

March 19, 2025

Contract Interpretation in Labor Arbitration: A Guide for Union Advocates

March 19, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Successfully advocating for union members in contract interpretation disputes requires understanding how arbitrators analyze contractual language. Here's a practical guide focused on key interpretive principles and effective advocacy strategies.

March 05, 2025

Past Practice in Labor Arbitration: A Guide for Understanding This Essential Doctrine

March 05, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Labor arbitrators have long recognized that the relationship between unions and employers extends beyond the written words of their collective bargaining agreements. One of the most important unwritten elements is past practice - the established patterns of workplace conduct that can become as binding as the contract itself. Let's explore how this doctrine works in practice.