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The Pension Bomb II. Panel Discussion

A panel discussion by arbitrators of pension disputes about the types of disputes and issues they hear.

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The Implications of 14 PENN PLAZA v PYETT

Arbitrators and labor and management representatives discuss the possible impact of Pyett on union representational duties and employees’ rights.

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Arbitrator Jaffe invokes his personal experiences to illuminate desirable objectives of the arbitration process; e.g., the development of an adequate record, asuring a fair and transparent process that engenders trust in the outcome. Hypotheticals are furnished for context.

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Just cause across industries: III. The federal sector

The participants describe the differences between the way discharge penalties are arrived at in the federal sector, and the way that arbitrators deal with them, as compared with private sector and state and local cases. In Douglas v. Veterans Administration, the MSPB stated that the MSPB sits as the final government employer decisionmaker on adverse …

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Truth or consequences: Arbitral rulings on discipline for alleged abuse in law enforcement, education, health care and customer service settings.

A panel discussion of three case studies of alleged abuse involving (1) a nursing home, (2) a police shooting, and (3) sexual assault on a student by a teacher.Following the panel discussion, Arbitrator Jaffe presents four hypothetical cases in the health care, police, education and trucking industries, followed by questions relevant to the imposition of …

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A broad overview of the state of employment ADR, including arbitration and mediation. The article addresses the defenses to enforcement of an agreement to arbitrate, unconscionability, and what should be considered when drafting an employment ADR plan.

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Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of appeal to the Court of Appeals for the Federal Circuit, or for filing exceptions with the Federal Labor Relations Authority. Types of statutory claims often …

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