Employment Arbitration: the Voice of (Mostly Vicarious) experience
An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.
St. Antoine; Theodore J.
Employment Arbitration – Panel Discussion
A discussion of employment arbitration and the due process protection of the parties involved
Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks
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… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks
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.… Read More »How and why labor arbitrators decide discipline and discharge cases. An empirical examination.
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.
The state of external law’s effect on the arbitration process. 1. External law in arbitration: hard-boiled, soft-boiled, and sunny-side up.
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… Read More »The state of external law’s effect on the arbitration process. 1. External law in arbitration: hard-boiled, soft-boiled, and sunny-side up.
The state of external law’s effect on the arbitration process. 3. A commentary on the external law papers; 4. Panel discussion.
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.… Read More »The state of external law’s effect on the arbitration process. 3. A commentary on the external law papers; 4. Panel discussion.
Presidential address: Contract reading revisited
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’… Read More »Presidential address: Contract reading revisited
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… Read More »Whither arbitration?
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;… Read More »Admissibility of evidence