Abstract
This article considers the extent to which apologies provided by grievants affect the rulings of labor arbitrators in discipline and discharge cases. We used an experimental survey design which asked respondents to render awards on hypothetical arbitration cases. Hypothetical cases varied across four variables of importance: (1) the (perceived) sincerity of an apology, (2) the timing of the apology, (3) the issue in the case—sexual harassment, insubordination due to refusal to work, and insubordination due to profanity, and (4) the seniority of the grievant. All members of the National Academy of Arbitrators were surveyed, which provided a total of 177 respondents and 1773 hypothetical case decisions. The data show sincere apologies can greatly increase the probability of an arbitrator ruling in favor of the grievant. Apologies perceived as sincere lead to favorable outcomes for grievants, more than apologies seen as insincere. However, contrary to the findings of past studies, we found that the timing of an apology does not matter. Whether an apology is offered early or late has little impact on arbitrator rulings. Overall, the data suggest that at least one subjective factor, an apology, plays a large role in determining arbitral outcomes. Our study also found that seniority, which is an objective, case-related factor, is important. In summary, our findings provide quantitative support for theories on how arbitrators weigh subjective factors, or non-case related factors, when deciding cases.
Recommended Citation
Michele Hoyman, Lamont Stallworth & David Kershaw,
The Role of Apologies in Labor Arbitration Outcomes,
40
S. Ill. U. L.J.
171
(2015).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol40/iss2/4