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A new diversity in the workplace – The challenge to arbitration

A discussion of the challenges to arbitrators posed by increasing workplace diversity of age, race, sex, religion and ethnicity in the United States and in Canada, and what influences arbitrators should be sensitive to. Professor Gottesman presents the union view, and cautions arbitrators to not problem-solve without contractual authorization to do so.

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A discussion of the importance of language in the arbitration process; how it plays a crucial role in the grievance, at the hearing, and in the decision. The author concentrates primarily on language at the hearing, in particular the reliability of witnesses, non-verbal factors and the verbal performance.

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