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
The Finning case is presented for the validity of standardized employee tests and other criteria for promotion, application of a “sufficient ability” standard, the manner… Read More »Testing for promotions: Finning Ltd. and IAMAW Lodge 99, Chargehand selection grievance
Mandatory arbitration of statutory claims is discussed, including limitations on the enforceability of related contractual provisions. A sample agreement, mandating arbitration of statutory claims, is… Read More »Make-whole and statutory remedies:Individual employee perspective
An examination of pre-disciplinary due process, due process in the arbitration hearing, and court rulings in cases where the arbitrators’ decisions were based upon due… Read More »Mitigation and labor arbitration: Part 1. Due process and major offenses
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 examines discipline for professional misconduct. Professions examined include teachers, nurses, and news reporters . Professional standards as public policy and, therefore, a basis… Read More »Problems of specific occupations. Part 1. Arbitration of disputes over professional standards
A review of the anti-discrimination laws and their application by the Courts. Arbitrators are advised to educate themselves with the requirements of the statutes, and… Read More »Conflicts arising out of work force diversity
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