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An explanation of why medical opinions of workplace exposures and diseases are more reliable if based upon epidemiological studies than on the opinions of individual doctors. Pre-placement medical examinations are…

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Reasonable accommodation in the workplace: New developments in the United States and Canada

An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.

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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 disability consequences.

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What’s Up, Doc? Medical Conundrums in Arbitration

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 memorize a script, as a…

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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. The potential conflicts between seniority…

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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 over time….

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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 addresses associated due process concerns;…

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A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory process. The elements of the…

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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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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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