Are the New Orleans Saints Players in the cradle of industrial due process?

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3.  Fair Investigation – The due process standard for a “fair investigation” is that it be thorough and unbiased. A thorough investigation includes interviews of the accuser, the accused and particularly those who witnessed the alleged misconduct.

Many arbitrators are reluctant to uphold discipline imposed without the benefit of evidence that could be provided by first-hand witnesses.

One arbitrator found a “grave procedural error” in the employer’s failure to preserve and produce a video tape of a bus driver’s conduct, where the employee promptly had requested the tape’s retrieval.

A full and fair investigation contemplates that the employer will evaluate the evidence for content, consistency and credibility.  Evidence of bias often can be found in the employer’s approach to the investigation.

An investigation was found to be impermissibly biased where the employer had asked witnesses questions that were leading or suggesting disapproval of the accused.

Generally, where the investigation process suggests that the employer is marshaling the facts to support a predetermined result, it will be found to violate due process.

4.  Timely Employer Action – When an employer becomes aware of alleged misconduct, due process requires the employer to investigate and take action within a reasonable time.

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Tags: CBA Industrial Due Process Jonathan Vilma NFL NFLPA Popular Roger Goodell Saints Bounty Will Smith

  • DARKTHRONE

    Excellent article.
    I can only hope the best for our players who’s names have been dragged through the shit heap.

    • louisianakid1954

      DARKTHRONE; This sounds like some undercover mess by the NFL I be glad when the truth is in the open and team name is cleared. We have been really hurted by this mess but DARKTHRONE we must win this Super Bowl Championship do you believe in miracle if not you’re getting ready to see one in 2013 the Saints are the dream team we on our way I’m in Dallas, Tx. I need some Saints flags for my car give me some ideas.