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Conflicts arising out of work force diversity

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 not rely on the parties to do so. Measures that should be taken to ensure compliance with public law are enumerated. Attorney Gibbs gives a labor perspective.

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Arbitration, contract, and public policy

Judge Easterbrook examines the authority of the arbitrator to reinstate employees where statutory public policy issues pertain. He reiterates the principle that, where third-party consequences do not preclude the employer from retaining an employee, they do not preclude the arbitrator from doing so. Attorney Richard Gear then gives management’s perspective, that the “public policy exception” …

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The author addresses the standards that arbitrators should apply when addressing charges of sexual harassment, and the rights of the accused as well as the employer and alleged victim. Helen Neuborne, Exec. Dir. of NOW, notes the importance of arbitrators understanding workplace dynamics and the problems posed for women by sexual harassment, and urges that …

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