Understanding the Role of the Arbitrator

In the public sector, the role of an arbitrator in interpreting a contract provision that requires just cause as a condition precedent to discharge is crucial. The primary focus of this interpretation is to evaluate the “reasonableness” of the employer’s personnel action. Essentially, this analysis determines whether the disciplinary sanction imposed was overly harsh or excessive.

The Importance of the Procedural Component

A critical aspect of the just cause standard is its procedural component. The personnel investigation must be conducted meticulously, presenting evidence that the employee (Grievant) was indeed guilty as charged. In cases where the discharge of an employee is sought, it is imperative that the employee receives fair notice and an opportunity to be heard regarding each of the charges.

Procedural Due Process Protections in Florida Law

Florida law has incorporated procedural due process protections recognized in the grievance and arbitration forum. To safeguard the due process rights of public employees, the reasons for termination must be clearly outlined in the pre-determination letter. In essence, due process necessitates that a public employee, who has a property interest in their continued employment through a collective bargaining agreement, must be granted an informal and meaningful pre-determination hearing.

Contact Mark J. Berkowitz for a Consultation

If you are navigating a complex employment issue and need expert legal advice, contact Mark J. Berkowitz, a Fort Lauderdale Employment Attorney, for a consultation. Call (954) 527-0570 today to discuss your case and understand your rights.