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Procedural and Distributive Justice in Sexual Harassment Arbitrations: Evolution of Decisions in the Union Context
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2021-03-29
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Advances in Industrial and Labor Relations
Advances in Industrial & Labor Relations
Advances in Industrial & Labor Relations
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99
Publication End
123
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Adobe PDF, 135.71 KB
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Abstract
We examine the evolution of labor arbitration decisions between 1988 and 2018 in which a union-represented employee was alleged to have committed sexual harassment. We find that management punished sexual harassment more stringently over time and that arbitrators became more sensitive to whether or not good procedure was followed by management over time. Distributive justice was also a major concern for arbitrators. The results suggest that it is essential for management to exercise procedural justice in disciplining employees, but that it is just as important for management to consider distributive justice when it comes to imposing discipline for inappropriate behavior.
Citation
Abraham, S.E. and Voos, P.B. (2021), "Procedural and Distributive Justice in Sexual Harassment Arbitrations: Evolution of Decisions in the Union Context", Lewin, D. and Gollan, P.J. (Ed.) Advances in Industrial and Labor Relations (Advances in Industrial & Labor Relations, Vol. 26), Emerald Publishing Limited, Bingley, pp. 99-123. https://doi.org/10.1108/S0742-618620210000026004