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The changing competitive environment and arbitration

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 advocates that NAA members engage…

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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 precept on its head: it…

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The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled…

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Arbitration as a venerable and honorable process, and the consistency of its attributes is traced from the 17th century.

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An examination of the arbitrator’s role in applying public statutes to determinations of just cause when those statutes have been incorporated by reference into the CBA….

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A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question: Is it socially desirable to…

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