Harold D. Smith


The conflicting interests dealt with by arbitration cases summarized in this paper involve management's right to direct an employee's behavior and the employee's right to retain control over his behavior. Many arbitrators attempt to balance these interests on the theory that (1) an individual's rights are modified to some extent when he voluntarily accepts those responsibilities which accompany his entering an employee relationship; and (2) a contractual right to discharge for just cause, does not equip the employer with an absolute right to direct the employee to do or not to do anything which the employer feels would promote the goals of the enterprise.