Arbitral continuity: Part 1. On the constancy and pedigree of the arbitrator’s heritage
Arbitration as a venerable and honorable process, and the consistency of its attributes is traced from the 17th century.
Arbitration as a venerable and honorable process, and the consistency of its attributes is traced from the 17th century.
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.
An examination of the changes in labor arbitration resulting from competition and technology. Management and Union perspectives are furnished, both advocating mediation. The management representative… Read More »The changing competitive environment and arbitration
A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs,… Read More »Legislation, discrimination, and benefits: Part 1. Americans with Disabilities Act and Civil Rights: Effect on arbitration
Attorney Brauer asserts that, while other federal legislation dealing with employee discrimination has viewed distinctions between workers as largely irrational, the ADA has turned that… Read More »Changing values in the workplace and arbitration: Labor perspective
Attorney Hautzinger sees a new era in employee involvement in operational decisions that runs counter to the National Labor Relations Act. He sees no “social… Read More »Changing values in the workplace and arbitration: Management perspective
The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase… Read More »The changing character of labor arbitration
An examination of the factors favoring the arbitration of employment disputes. Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) is distinguished from… Read More »The changing character of labor arbitration:Labor perspective
Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under… Read More »The arbitration of statutory disputes:Procedural and substantive considerations
An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has… Read More »Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.