Where a statute has not been incorporated by reference into the CBA, the arbitrator’s application of the statutory standards can yield inequitable results. The author… Read More »The changing face of just cause:One standard or many? Management response
An examination of the development and implementation of the EEOC’s voluntary mediation program, and discussion of proposed legislation: the National Employment Dispute Resolution Act (or… Read More »NAA members and the exploding ADR universe:EEO mediation at the EEOC
Can an employee’s statutory rights be made the subject of a collectively bargained arbitration agreement? Relevant case law is examined. The author concludes that (except… Read More »Invited paper: Mandatory arbitration of statutory issues:Austin, Wright, and the future.
A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use… Read More »Melding external law with the collective bargaining agreement
President Zack notes the increasing incorporation by reference of statutory rights into the CBA, and the “statute-reading” authority granted arbitrators by the Supreme Court in… Read More »Presidential address: Protecting NAA standards in the world of ADR.
In the face of Gilmer, the authors recognize the role of arbitrators in resolving employment disputes based upon federal statute, and recommend that organizations such… Read More »Make-whole and statutory remedies:4. Management perspective
Arbitration as a venerable and honorable process, and the consistency of its attributes is traced from the 17th century.
Professor Feller reviews three of his earlier papers. The first, “A General Theory of the Collective Bargaining Agreement,” advanced a theory of labor arbitration which,… Read More »Arbitration Classics. Part 1. Revisiting three “classics”
The author discusses the likely growth of employment arbitration, and the matters yet to be resolved for the labor arbitrator as a practitioner of employment… Read More »New roles for labor arbitrators. Part 1. Will arbitrators’ work really be different.
The author notes that the first obligation of a labor union is to the group rights of its members, and that those interests may be… Read More »Arbitration of health-related issues, with special reference to the ADA: Labor perspective