The Impact of a Grievant's Offer of Apology and the Decision-Making Process of Labor Arbitrators: A Case Analysis

60 Pages Posted: 10 Dec 2012

See all articles by Daniel J. Kaspar

Daniel J. Kaspar

Chicago-Kent College of Law - Illinois Institute of Technology

Lamont Edward Stallworth

Loyola University of Chicago

Date Written: September 9, 2012

Abstract

This article examines what impact, if any, a grievant’s offer of apology has on the decision-making process of labor arbitrations in discipline and discharge cases. In addition, this article will address how an offer of apology changes, influences and impacts arbitral outcomes. Specifically, this study examines whether, and under what circumstances, a grievant’s offer of apology (or regret) can serve as the basis for a labor arbitrator to alter or lessen the amount of discipline meted out to grievants in discipline and discharge cases.

Keywords: apology, forgiveness, regret, arbitrator, discipline, arbitration, discharge

JEL Classification: K31

Suggested Citation

Kaspar, Daniel J. and Stallworth, Lamont Edward, The Impact of a Grievant's Offer of Apology and the Decision-Making Process of Labor Arbitrators: A Case Analysis (September 9, 2012). Harvard Negotiation Law Review, Vol. 17, No. 1, 2012, Available at SSRN: https://ssrn.com/abstract=2187071

Daniel J. Kaspar (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

Lamont Edward Stallworth

Loyola University of Chicago ( email )

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