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…

A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use to assure a full and…

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.

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…

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…

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….

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;…

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…

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….

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