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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 process alone, and did not address the merits. Recommendations are offered to arbitrators regarding the resolution of due process arguments.

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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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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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