Employee benefit plans in arbitration of health and medical issues
The author advocates minimum requirements for coverage by and explicitness in health care plans, including that disputes arising under such plans be subject to arbitration.
Gardner-Denver
Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny
A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective… Read More »Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny
Title: Some far-sighted views of myopia
The author reviews the increasing entwining of arbitration and the law and warns Academy members against the conclusion of their “having made it” or being… Read More »Title: Some far-sighted views of myopia
Arbitration and DiscriminationI. Arbitration of employment discrimination cases: A prospectus for the future.
Although the authors believe that arbitration is an efficient means for eliminating discriminatory practices when the claim is individual and doesn’t require modifying the collective… Read More »Arbitration and DiscriminationI. Arbitration of employment discrimination cases: A prospectus for the future.
Arbitration and DiscriminationII. A modest proposal for the immediate future.
Citing various court cases to support her thesis, the author proposes that arbitrators must “clearly set forth in the decisions what was done and not… Read More »Arbitration and DiscriminationII. A modest proposal for the immediate future.
Arbitration and DiscriminationIII. The parties’ process and the public’s purposes
An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing… Read More »Arbitration and DiscriminationIII. The parties’ process and the public’s purposes
What price employment? Arbitration, the Constitution, and personal freedom.
An examination of the role of the Supreme Court in criminal cases and cases involved in the disciplining or discharge of government employees. The author… Read More »What price employment? Arbitration, the Constitution, and personal freedom.
Post-Gardner-Denver developments in arbitration law
This study reviews the 1974 Supreme Court decision – Alexander v. Gardner-Denver – and its effect on labor arbitration. The Court found that arbitral decisions… Read More »Post-Gardner-Denver developments in arbitration law
Post-Gardner-Denver developments in the arbitration of discrimination claims
The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are… Read More »Post-Gardner-Denver developments in the arbitration of discrimination claims
Arbitration of employment discrimination cases: an empirical study
A review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver.… Read More »Arbitration of employment discrimination cases: an empirical study