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EMPLOYEE TERMINATION.
Term Paper ID:29505
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A study of on-the-job substance use or possession.... More...
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Paper Abstract:
A study of on-the-job substance use or possession. Use of arbitration and arbitration decisions. Contends that employee possession of narcotics on the job is considered more serious than on the job alcohol use. Assesses effect of employee gender on arbitration decisions and termination cast-type. Statistical analysis of topic. Four Tables.
Paper Introduction:
ARBITRATION DECISIONS IN EMPLOYMENT TERMINATION CASES INVOLVING SUBSTANCE USE OR POSSESSION: THE RELATIVE EFFECTS OF ALCOHOL VERSUS NARCOTICS CHARGES
Introduction
Arbitration (through the Federal Arbitration Act of 1925, subsequent federal labor-management legislation, and federal court rulings) is a prominent part of labor-management relations in the United States (Hayford, 2000; Feller, 1998). Among the more contentious cases committed to arbitration are those involving employee termination. Approximately 18 percent of all labor arbitration cases involve employee termination (Mesch & Shamayeva, 1996).
Among the many employee behaviors motivating termination actions by employers is on-the-job substance use or possession. F
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2. California Law Review, 89(3), 569-631. The cut-off point used in this study to determine that theAct was in effect was 1 January 1991. 83. Table 2 presents the cross-tabulation of Termination Case-Type(independent variable) by Arbitration Decision (dependent variable), whencontrolled for employee gender (intervening variable). Some social commentatorscharge that, because of the war on drugs, charges of using or possessingnarcotics on-the-job are more likely than charges of on-the-job alcohol useor possession to result in employment termination (Miranda, 1998). The conclusion drawn from thesefindings is that arbitrators may not view on-the-job alcohol use orpossession as serious an offense as they should view such behavior. 16 permitted the rejection of the null hypothesis. The data analysis procedure applied in the study was cross-tabulationchi-square analysis. Overall, arbitrators were more likely to uphold employmentterminations for employees for any type of substance use or possession(66.7 percent) involving multiple offenses than in first-offense employmenttermination cases (42.7 percent). 3. In this analysis, arbitrators upheld terminations foremployees based on multiple offense alcohol use or possession in 63.9percent of those cases, while upholding terminations based on narcotics useor possession in 7 .4 percent of those cases. L. Thus, to a statistically significant extent,arbitrators were more likely to uphold employment terminations for femaleemployees based on charges of on-the-job narcotics use or possession thanthey were to uphold employment terminations for female employees based oncharges of on-the-job alcohol use or possession. 37permitted the rejection of the null hypothesis. Confirmation. In thisrelationship, the Pearson Chi-Square value was 6.331 (df = 1), which wasstatistically significant for an asymptotic two-sided chi-square test at p. Offense frequency. percent of those cases. Since 1 January 1991, the proportion of employment terminationsbased on charges of on-the-job narcotics use or possession upheld is lowerthan the proportion for the period before 1 January 1991. The significance level of p . The first intervening variable was employee gender. The employee gender variable favored female employees involved inemployment termination cases based on charges of on-the-job substance useor possession. The growth in the use of illegal narcotics in recent years,however, created an environment of near parity between alcohol andnarcotics as the basis for on-the-job substance use or possessionemployment termination cases (Gilman, 2 1). Arbitratordecisions related to employment terminations based on charges of on-the-jobalcohol use or possession followed a similar pattern; however, the changewas greater in relation to charges of on-the-job narcotics use orpossession. 3. Table 3 presents the cross-tabulation of Termination Case-Type(independent variable) by Arbitration Decision (dependent variable), whencontrolled for the federal Drug-Free Workplace Act (intervening variable).With respect to the period when the Act was in effect, the Pearson Chi-Square value was 3. In this relationship,the Pearson Chi-Square value was 1.715 (df = 1), which was statisticallysignificant for an asymptotic two-sided chi-square test at p .19 . The analysesperformed as a part of the study, therefore, included offense frequency asan additional intervening variable. Findings of the Study The primary purpose of the study was to assess variations inarbitration decisions in employment termination cases based on substanceuse or possession charges in relation to the termination case-type (type ofsubstance - alcohol or narcotics - constituting the basis for the charge).Table 1 presents the cross-tabulation of Termination Case-Type (independentvariable) by Arbitration Decision (dependent variable). Table 4 presents the cross-tabulation of Termination Case-Type(independent variable) by Arbitration Decision (dependent variable), whencontrolled for the offense frequency of the employee involved in thearbitration hearing (intervening variable). Therefore, it was possibleto state that the arbitration decision varied to a statisticallysignificant extent in relation to termination case-type for femaleemployees. Miranda, J. (1998, Winter). The date of thearbitration decision in the earliest of the 173 cases was 5 March 1969, andthe date of the latest of the cases was 14 September 2 . Arbitration in practice.Public Personnel Management, 25(1), 119-131. Table 1 [pic] The Pearson Chi-Square value was 5.57 (df = 1), which wasstatistically significant for an asymptotic two-sided chi-square test at p. Berkeley Journal ofEmployment and Labor Law, 19(2), 296-3 6. In this analysis, arbitratorsupheld terminations for employees based on alcohol use or possession in34.4 percent of those cases, while upholding terminations based onnarcotics use or possession in 53.4 percent of those cases. 5. Theoperational definition of the termination case-type variable was asfollows: (1) alcohol (termination because of on-the-job alcohol use orpossession) or (2) narcotics (termination because of on-the-job narcoticsuse or possession). The significance level ofp . The analyses tested null hypotheses for each of thevariable relationships. Overall, arbitrators were more likely to uphold employmentterminations for male employees for any type of substance use or possession(54.9 percent) than for female employees (25. J., & Shamayeva, O. The second subsidiary purpose was to assess the effect of thefederal Drug-Free Workplace Act on the relationship between arbitrationdecisions and the termination case-type. Among the more contentious cases committed toarbitration are those involving employee termination. The primary purpose of the study was toassess variations in arbitration decisions in employment termination casesbased on substance use or possession charges in relation to the terminationcase-type (type of substance - alcohol or narcotics - constituting thebasis for the charge). 68 (df =1), which was statistically significant for an asymptotic two-sided chi-square test at p . BerkeleyJournal of Employment and Labor Law, 21(2), 521-574. Taft-Hartley vindicated: The curioushistory of review of labor arbitration awards. Therefore, it was possible to state thatthe arbitration decision varied to a statistically significant extent inrelation to termination case-type for first-offense employment terminationcases. The enactment of thefederal Drug-Free Workplace Act occurred in 1988; however, the publishingof the final rules implementing the Act occurred on 25 May 199 . Remedy. The conclusion drawn from these findings is that the federalDrug-Free Workplace Law led to a lower proportion of arbitrator decisionsupholding employment terminations based on changes of on-the-job substanceuse or possession. E. The classifications includedin the database were as follows: (a) less than one year; (b) one year toless than five years; (c) five years to less than 1 years; and (d) 1 years or longer. In addition to the variables thus far discussed, the BNA-LA databasealso provided information on the 173 cases in relation to the followingfactors: 1. The classificationsincluded in the database were as follows: (a) male or (2) female. Approximately 18percent of all labor arbitration cases involve employee termination (Mesch& Shamayeva, 1996). 18 permitted the rejection of the nullhypothesis. E. The second intervening variable was the federal Drug-Free WorkplaceAct. Table 2 [pic] With respect to female employees, the Pearson Chi-Square value was4.356 (df = 1), which was statistically significant for an asymptotic two-sided chi-square test at p . The classifications included in thedatabase were as follows: (a) no remedy - termination upheld; (b)reinstated - made whole; (c) reinstated - lesser disciplinary actionimposed; or (d) reinstated without back pay. Mesch, D. Thus, to a statisticallysignificant extent, arbitrators were more likely to uphold employmentterminations for employees based on first-offense charges of on-the-jobnarcotics use or possession than they were to uphold employmentterminations for employees based on charges of first-offense on-the-jobalcohol use or possession. Confirmation referred to any specialprocedure used to validate a charge of substance use or possession. The operational definition of the Drug-Free Workplace Act variablewas as follows: (1) law in effect or (2) before law. The significance level of p . 14 (df = 1), which was statistically significant for anasymptotic two-sided chi-square test at p . Gilman, M. In this analysis, arbitrators upheld terminations for femaleemployees based on alcohol use or possession in 13.3 percent of thosecases, while upholding terminations based on narcotics use or possession in6 . The Federal Arbitration Act: Key tostabilizing and strengthening the law of labor arbitration. 3 permitted therejection of the null hypothesis. 16. In this analysis,arbitrators upheld terminations for male employees based on alcohol use orpossession in 48.6 percent of those cases, while upholding terminationsbased on narcotics use or possession in 6 .5 percent of those cases. (2 , Winter). Table 4 [pic] With respect to multiple offense employment-termination cases, thePearson Chi-Square value was .292 (df = 1), which was statisticallysignificant for an asymptotic two-sided chi-square test at p .589. Treatment referred to any special treatment orcounseling included as a part of the arbitration decision. Table 3 [pic] With respect to the period before the Act was in effect, the PearsonChi-Square value was 5.8 8 (df = 1), which was statistically significantfor an asymptotic two-sided chi-square test at p . Therefore,it was possible to state that the arbitration decision varied to astatistically significant extent in relation to termination case-type forthe period before the Act was in effect. The criterion for the rejection of the nullhypotheses was a determination of statistical significance at p <. 4. In this analysis, arbitrators upheld terminationsbased on alcohol use or possession in 42.5 percent of those cases, whileupholding terminations based on narcotics use or possession in 6 .5 percentof those cases. In this analysis, arbitratorsupheld terminations for employees based on alcohol use or possession in47.3 percent of those cases, while upholding terminations based onnarcotics use or possession in 75. Employingorganizations implemented the provisions of the Act over the remainingmonths of 199 . 37. Arbitrator gender referred to the genderof the arbitration officer rendering the decision. The dependent variable was the arbitration decision. The tendency on the part of arbitrators,however, was more prevalent before 1 January 1991 than subsequent to thatdate. Therefore, it was possible to state that the arbitrationdecision varied to a statistically significant extent in relation totermination case-type. (2 1, May). The significance level of p .14 did not permit the rejection of thenull hypothesis. 83 did not permit the rejection of the null hypothesis. There were two subsidiary purposes of the study.The first subsidiary purpose was to assess the effect of employee gender onthe relationship between arbitration decisions and the termination case-type. (1996, Spring). The definition of narcotics possessionincluded the possession of narcotics paraphernalia. Thesignificance level of p .589 did not permit the rejection of the nullhypothesis. In this analysis, arbitrators upheld terminations for employeesbased on first-offense alcohol use or possession in 27.5 percent of thosecases, while upholding terminations based on first-offense narcotics use orpossession in 55.9 percent of those cases. The significance level of p . Offense frequency referred to the numberof similar offenses recorded by the employee involved in the employmenttermination case. The operationaldefinition of the arbitration decision variable was as follows: (1)termination upheld or (2) termination overturned. Thereexists, however, a major difference in relation to first-offense employmenttermination cases stemming from charges of on-the-job substance use orpossession. The classifications included in the database were asfollows: (a) first offense or (2) multiple offenses. Among the many employee behaviors motivating termination actions byemployers is on-the-job substance use or possession. Therefore, it was not possible to state that thearbitration decision varied to a statistically significant extent inrelation to termination case-type for male employees. 6. With respect tomale employees, the Pearson Chi-Square value was 2.174 (df = 1), which wasstatistically significant for an asymptotic two-sided chi-square test at p.14 . Thus, to a statistically significant extent, arbitratorswere more likely to uphold employment terminations based on charges of on-the-job narcotics use or possession than they were to uphold employmentterminations based on charges of on-the-job alcohol use or possession. The significancelevel of p . For decades, on-the-job alcohol use or possession was the primary substance implicated in suchcases. 2. With respect to first-offenseemployment termination cases, the Pearson Chi-Square value was 9. With respect to employees with multiple offenses involved inemployment termination cases stemming from charges of on-the-job substanceuse or possession, there is little difference in the proportion oftermination decisions upheld between alcohol and narcotics charges. Therefore, it was not possible to state that the arbitrationdecision varied to a statistically significant extent in relation totermination case-type for employees involved in multiple offense employment-termination cases. Theclassifications included in the database were as follows: (a) no treatment- termination upheld; (b) treatment or counseling mandated - terminationoverturned; (c) treatment or counseling recommended - terminationoverturned; or (d) no treatment - termination overturned. (1998, Summer). Analytical Approach A search of Bureau of National Affairs (BNA) labor arbitration (LA)database located 173 employment termination cases wherein the employer'sjustification for terminating employment was on-the-job alcohol ornarcotics use or possession. percent of those cases. The operationaldefinition of the employee gender variable was as follows: (1) male or (2)female. Because of the relatively low number of female employees inthe sample (11.6 percent), however, it is not prudent to draw conclusionsrelated to employee gender. Thus, to astatistically significant extent, arbitrators were more likely to upholdemployment terminations for employees based on charges of on-the-jobnarcotics use or possession than they were to uphold employmentterminations for employees based on charges of on-the-job alcohol use orpossession in the period before the Act was in effect. In this relationship, the Pearson Chi-Square value was 9.19 (df = 1), which was statistically significant for anasymptotic two-sided chi-square test at p . Preliminary analyses revealed that, among the six additional factorsfor which the database included information on the 173 cases, only offensefrequency had the potential to affect (statistically) the relationshipbetween arbitration decisions and the termination case-type. Overall, arbitrators were more likely to uphold employmentterminations for employees for any type of substance use or possession(56.6 percent) in the period before the law was in effect than in theperiod when the Act was in effect (46.7 percent). Thestatistical software used in the analyses was the Statistical Package forthe Social Sciences (SPSS) application program. Treatment. References Feller, D. Theclassifications included in the database were as follows: (a) noconfirmation procedure used; (b) drug (narcotics) test; (c) blood alcoholcontent (BAC) test; or (d) second person observation. Conclusion The analyses performed for this study found that, to a statisticallysignificant extent, arbitrators were more likely to uphold employmentterminations based on charges of on-the-job narcotics use or possessionthan they were to uphold employment terminations based on charges of on-the-job alcohol use or possession. Remedy referred to any special remedies included asa part of an arbitration decision. arbitration decisions in employment termination cases involving substance use or possession: the relative effects of alcohol versus narcotics charges Introduction Arbitration (through the Federal Arbitration Act of 1925, subsequentfederal labor-management legislation, and federal court rulings) is aprominent part of labor-management relations in the United States (Hayford,2 ; Feller, 1998). The independent variable was the termination case-type. Arbitrator gender. Hayford, S. 18. Purpose of Study This study examined decisions in formal arbitration proceedingsinvolving employment termination cases based on employee on-the-job alcoholor narcotics use or possession. Therefore, itwas not possible to state that the arbitration decision varied to astatistically significant extent in relation to termination case-type forthe period when the law was in effect. Social Justice, 25(2),65-84. 5. Legal accountability in an era ofprivatized welfare. War or pseudo war? Employee longevity with the employing organization.Employee longevity with the employing organization referred to the lengthof an employee's continuous service with the employing organizationeffecting the employment termination action. 12. A further purpose of the studywas to identify any other factor that may affect the relationship betweenarbitration decisions and the termination case-type. In the case of first-offense cases, arbitrators are twice aslikely to uphold employment termination cases involving charges of on-the-job narcotics use or possession, as they are such cases involving chargesof on-the-job alcohol use or possession. percent).
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