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Professor Dunlop describes the current and projected state of employment law disputes favoring alternative dispute resolution in lieu of litigation and administrative rulings. The Commission on the Future of Worker-Management Relations favors experimentation in the ADR of employment disputes. Regarding private arbitration, the Commission recommends 7 elements to ensure the effective protection of employees’ substantive …

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The author asserts that arbitrators have the skills, perception and respect to be effective mediators and creative problem solvers in contexts other than labor arbitration, and gives examples from his personal experience.

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An overview of the expansion and increasing complexity of the industrial relations field and the rapid growth in government regulations pertaining to employment. The author expresses concern with the isolationism and lack of communication among parties in an organizational relationship, and suggests that interdependence and understanding on all sides is vital to more harmonious industrial …

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Ruminations about ideology, law, and labor arbitration

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

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Neutral consultants in collective bargaining

The author perceives a public demand for a change in the way labor relations are conducted, and outlines a new role for neutrals designed to address that demand – that being a servant of the parties, an impartial conscience, and an expert advisor. The author opines that neutrals can bring an objective, long-range, and coordinated …

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A brief review of the experience of the National Joint Board for the resolution of jurisdictional disputes in the building industry, first created in 1948 by the Building and Constructions Trades Department of the AFL and the Associated General Contractors. In 1955, the Joint Board was comprised of 19 international unions and 7 national specialty …

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