The arbiter in this case:
- Names five standards that must be met reviewing a misconduct case.
- Introduces a three-standards test “Consistency-Times-Three” and relevant demeanor that he used to assess employers’ and employees’ testimonies.
- Explains what management must do to support issuing different levels of discipline when unions claim disparate treatment between employees.
- Evaluates the value of past performance evaluations on current acts of misconduct.
- Explains and uses the McCoy doctrine as a bar on his authority to alter an employer’s penalty decisions.
NOTE: The Discipline Penalty Assessment Program that is available to members is based on the McCoy doctrine.