Is Zero Tolerance Enforceable?
Few would argue with the logic of treating workplace violence more severely than other infractions. But adopting a zero tolerance policy isn’t necessarily a no-brainer. One of the biggest obstacles is fear of antagonizing the union. In addition, “there’s a widespread perception among employers, especially in unionized workplaces, that most arbitrators try to strike down disciplinary actions against workers, wherever possible, even when the discipline is for a serious infraction,” notes a Chicago attorney. “This is pure myth,” the attorney says. In fact, courts and arbitrators will sustain discipline if they think it’s necessary to protect workers. In the words of one arbitrator: “An employer made aware of physical violence and threats of physical violence has little alternative but to take all disciplinary steps up to and including discharge, to protect its staff from acts tantamount to workplace terrorism.” It’s not hard to find cases from all parts of the U.S. and Canada upholding th
