The Arbitration of Insubordination Cases

Donald J. Petersen

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DOI: 10.2190/QUYX-KRWN-CTHM-F4DK

Abstract

This article discusses the complex concept of insubordination by analyzing 227 arbitration cases involving that issue decided between 1980 and 1990. It looks at the elements that must be present before insubordination is established, and the differences between "major" and "minor" insubordination. The article also indicates various exceptions to the "obey now, grieve later" rule in insubordination, such as safety and health exceptions, contract violation exceptions, constitutional exceptions, and union officer exceptions. Abusive language is reviewed as another aspect of insubordination, and is contrasted with "shop talk." Finally, factors mitigating discipline for insubordination are discussed.

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