The “Iron Law of Paternalism” in Employee Grievances and Arbitration? A Comparison of Disciplinary and Nondisciplinary Cases

In the criminology literature, the iron law of paternalism suggests that women receive less serious sanctions in the judicial system. This examination of three years of grievance outcomes (n= 1216) and arbitration outcomes (n= 1146) tests this iron law in the context of organizational disciplinary and dispute resolutions. These data, across several levels of outcomes (win, lose, compromise), controlling for the severity of grievances (disciplinary/nondisciplinary) and arbitrations (termination/nontermination) provide no support for the paternalistic thesis. Moreover, we find no support for the paternalistic thesis with regard to either the incidence or length of suspensions as a function of gender.