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Getting It Right and Getting It Done: Evidence and Procedure Rulings

A panel discussion of practical considerations that arbitrators make when ruling on evidentiary or procedural matters.

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Keeping It Moving: Evidence and Procedure Rulings

A fact-based and scenario based discussion of how evidentiary and procedural issues have been expeditiously addressed by arbitrators before, during and after the hearing.

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Mediation of Complex Grievances

Arbitrator Bickner offers practical suggestions to encourage grievance mediation, including, especially, in complex cases, for which the approach can be especially efficatious.

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A survey — of NAA members, management attorney advocates in the U.S. and Canada, and union attorney advocates — the purpose of which is to determine the factors that go into the selection of arbitrators by the parties. The survey is followed by an articles on how union advocates and management advocates, respectively, select arbitrators.

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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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In the Cotran decision, the California Supreme Court ruled that the appropriate inquiry in adjudicating a breach of contract claim was whether the employer’s conclusion of misconduct was reached honestly after an “appropriate investigation” (rather than whether the employee actually committed the act). In sexual harassment cases, the issue is whether the employer had a …

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Discipline, discharge, external law and procedure -Roundtable discussion

A roundtable discussion, based upon hypothetical examples, of off-duty misconduct as cause for discharge. Subjects addressed include representation of the employee by independent counsel – a plea of guilty vs. an equivalent verdict – admissibility of and reliance upon a verdict – due process including search and seizure – deciding the case on an issue …

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The author poses questions about the direction of the Academy’s future, with special consideration to the process of securing a pool of candidates, training and developing the candidates, and selecting members from among the candidates. Attention is given also to the enforcement of the Code on existing members, and members’ continuing education.

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