Originally from Dispute Resolution Journal

Arbitrators face special challenges in cases involving employee misconduct during a work stoppage. There are many complex issues involved in deciding discipline in such cases. For example, proving misconduct actually occurred can be a knotty process in itself. Another factor might be whether employer actions provoked the alleged misconduct. The author examines many issues, illustrating them with actual cases and rulings.

While it is a fact that the number of economic strikes has been decreasing, the conditions for reinstatement of striking workers may pose special problems for employers and unions alike. This is particularly true when there have been allegations of employee misconduct during the strike and the employer resists reemployment of the offending employee(s).