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An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.

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Employment Arbitration – Panel Discussion

A discussion of employment arbitration and the due process protection of the parties involved

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Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that employees, similarly situated, do about as well in arbitration as in the courts. Professor St. Antoine observes that arbitration is often the only affordable option …

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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 …

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The NAA agora: What’s right with labor arbitration, and how to keep it that way.

A panel discussion about the roll of the arbitrator, the mentoring and acceptance of new arbitrators, continuing education and training, and best practices.

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The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external law. The alternatives are to uphold the agreement over the law, the law over the agreement, or the “middle ground”: permit conduct forbidden by law but not require it (i.e., …

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Attorney Teitelbaum notes the infrequency with which statutory claims arise, and that CBAs often furnish the means for redress of matters also addressed by statute. The potential conflicts between seniority rights on the one hand, and Civil Rights statutres and Disabilities Rights statutes on the other are discussed. It is noted that the Supreme Court …

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An examination of the roles of arbitrators and the courts in interpreting and enforcing labor agreements. Bases on which courts have refused to enforce arbitrators’ decisions are examined, and advice given about contract interpretation and public policy.

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Whither arbitration?

Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for strike, with the arbitrator serving as a problem-solver as well as a judge – to the current formal and legalistic relationship, wedded to case precedent. The causes of this evolution …

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Admissibility of evidence

Excerpts from workshops on the admissibility of evidence. The subjects include 1) the grievant’s prior employment record; 2) spotters’ reports; 3) decisions of other tribunals; 4) new evidence at hearing; 5) the grievant’s post-discharge conduct; 6) stolen documents; 7) lie detector tests, and 8) burden of proof.

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