Jm. Clay et Ec. Stephens, AN ANALYSIS OF ABSENTEEISM ARBITRATION CASES - FACTORS USED BY ARBITRATORS IN MAKING DECISIONS, The International journal of conflict management, 5(2), 1994, pp. 130-142
The purpose of this study was to determine if arbitrators use all seve
n of Daugherty's tests of just cause in cases involving discharge for
excessive absenteeism. One hundred and ninety-five absenteeism cases p
ublished by the Bureau of National Affairs and Commerce Clearing House
between 1980 and 1990 were analyzed. Four of Daugherty's key tests we
re found to be critical: Penalty, Equal Treatment, Proof, and Notice.
Logistic regression analysis of the data reveals that if these four te
sts are met by management, there is an almost certain probability that
a grievance for excessive absenteeism discharge will be denied. If, h
owever, any one of these tests is not met, the probability is greater
than 99 percent that the grievance will be fully sustained or split.