Arbitrating "Just Cause" for Employee Discipline and Discharge in the Era of Covid-19

ABSTRACT

Raphael reassesses the limits of "just cause" during a current global health crisis that has the potential to fundamentally alter labor relations and the role of the modern labor arbitrator. The ethical consequences of this expanding role are then considered. She breaks down traditional theories for articulating "just cause" in light of changing historical conceptions of the limits of arbitral discretion. She concludes with how the current public health and labor crisis of the Covid-19 pandemic has the potential to expand the public role of the labor arbitrator in "just cause" discharge and discipline grievances. While additional arbitration issues are likely to arise in response to the Covid-19 pandemic, they are beyond the scope of this work.