Procedural and Distributive Justice in Sexual Harassment Arbitrations: Evolution of Decisions in the Union Context

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.