Is Incarceration a Good Enough Excuse for Missing Work? A Survey of Arbitration Decisions

William J. Walsh

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DOI: 10.2190/CN.32.2.c

Abstract

This article examines arbitration cases published since 1992 involving the discipline or discharge of a unionized employee for absence when the reason for absence was the employee's incarceration (in jail or prison). The question addressed by each arbitrator was generally, "Did the employer have just cause to discharge or otherwise discipline the employee for failing to report for work under the given circumstances?"

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