Panel members are presented with and comment upon scenarios, including compulsory examination by an employer’s doctor following injury, and compulsory demonstration of an ability to… Read More »What’s Up, Doc? Medical Conundrums in Arbitration
Mental illness disability and discrimination complaint disputes are discussed, including the types of mental disorders, relevant laws, the assessment processes, forensic issues and impairment and… Read More »Mental Health Issues in Arbitration
Approaches to evaluating, presenting, and resolving workplace disputes involving mental health issues
Attorney Teitelbaum notes the infrequency with which statutory claims arise, and that CBAs often furnish the means for redress of matters also addressed by statute.… Read More »The state of external law’s effect on the arbitration process. 3. A commentary on the external law papers; 4. Panel discussion.
A discussion of the relevance of the ADA to the arbitration of disciplines for poor attendance. The author observes that ADA employment protections are narrowing… Read More »The impact of the Americans with Disabilities Act on attendance issues: An anachronism in the making?
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… Read More »The changing face of just cause:One standard or many? Overview
A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory… Read More »Three perspectives:The jury, the judge, the arbitrator
The survey of Academy members reveals the small but increasing number of cases they take dealing with the employment arbitration of statutory disputes. The survey… Read More »The arbitration profession in transition:A survey of the National Academy of Arbitrators
An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.
An examination of the statutory criteria contained in the ADA, and the potential conflict between management’s duty of reasonable accommodation under the ADA, and its… Read More »Arbitration of health-related issues, with special reference to the ADA