For the most part, arbitrators do not look to outside statutes, such as the ADA, for guidance unless a union's contract refers to a particular contract within its four corners. However, many union agreements contain nondiscrimination clauses, which arbitrators interpret by consulting antidiscriminatory statutes and the accompanying court decisions. If Boffo's offer of a position on the third shift was deemed reasonable accommodation, and Ingerer's refusal to accept it was deemed unreasonable, the discharge would be upheld. In addition, the union's refusal to waive seniority would certainly hurt its position in the arbitration. Like disability benefits, unemployment compensation varies from state to state.
Hearings are administrative and often involve unrepresented parties on one or both sides.
The general rule is that one who leaves work voluntarily without good cause attributable to the employer is ineligible for benefits. And there is considerable authority that a change in shift would not support a finding of good cause. Typically, good cause is found only when other factors are present, such as a decrease in pay, an increase in hours worked, or a lack of available child care. Even in states where there is no such application, prior inconsistent statements will likely be used against the employee. Counsel should carefully prepare the employee for the hearing and for the questions he or she might face under cross examination.