NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

Patient Information and Privacy – Use of Patient Information in Arbitration

A panel discussion of the substantive and procedural issues attendant the use of patient information in health-care employee discipline arbitrations

Read more

Controlling the Arbitration Hearing

An exploration of whether the phrase “control of the hearing” has a core meaning upon which advocates and arbitrators agree or whether it is a subjective concept that can provide little guidance for arbitral best practices.

Read more

How and why labor arbitrators decide discipline and discharge cases. An empirical examination.

A statistical analysis of over 2,000 discipline and discharge arbitration decisions and the rationale given in those cases in which the discharge penalty was mitigated. Concepts such as the quantum of proof and reliance (or citation) of the “seven tests” of just cause are examined. Theodore J. St. Antoine examines The Common Law of the …

Read more

The author presents data revealing that current labor arbitration procedures derive not from statutes, court decisions or the common agreement of the parties, but from (1) the arbitrators before whom the cases were presented; (2) the World War II-era War Labor Board; (3) the National Academy of Arbitrators (NAA); (4) the publication of proceedings of …

Read more

While adhering to the terms of the CBA between Ford Motor Company and the UAW during wartime, Arbitrator Harry Shulman nonetheless interpreted those terms broadly, so as to produce results that did not discriminate against women by reason of their sex. The author concludes that “the labor arbitration process was capable of listening to the …

Read more