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.
What’s Up, Doc? Medical Conundrums in Arbitration
George R. Fleischli, Paula Knopf, Homer C. LaRue, Robert B. Moberly, Nancy Walker, Bill O'Brien, Karen G. Schanfield, Thomas R. Trachsel
March 16, 2012 Proceedings Database
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…
The state of external law’s effect on the arbitration process. 3. A commentary on the external law papers; 4. Panel discussion.
Theodore J. St. Antoine, Marilyn Teitelbaum, Robert M. Vercruysse
March 16, 2004 Proceedings Database
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….
Reasonable accommodation in the workplace: New developments in the United States and Canada
Marc Jacobs, Elizabeth McIntyre, Katherine Swinton, Sheilagh Turkington
March 16, 1996 Proceedings Database
An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.
The Chronicle
- The future of labor arbitration – a challenge
- International comparison of the role of neutrals in resolving shop floor disputes. Lessons for arbitrators.
- Arbitral discretion: The tests of just cause
- Is the labor movement on the right course?
- The presidential address: Advocates I have known
- National Mediation Board – Adoption of the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
- Committee on Professional Responsibility and GrievancesOpinion No. 17
- Arbitration forums 2. Mature collective bargaining relationships
- Arbitration forums 1. Academia
- The arbitration process: 2. Arbitral craftsmanship and competence. Comment