Arbitrators regard discharge as a last resort to be used only when all other corrective attempts have failed.

Question

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Arbitrators typically view discharge as a severe and final form of discipline that should only be used when all other attempts at corrective action have been exhausted. This is because termination of employment can have significant negative consequences for the employee, including financial hardship, damage to their professional reputation, and difficulty finding new employment. As a result, arbitrators will generally require employers to demonstrate that they have made a good faith effort to address the behavior or performance issues in question before resorting to discharge.

Arbitrators Regard Discharge as a Last Resort to Be Used