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
The author notes that the first obligation of a labor union is to the group rights of its members, and that those interests may be… Read More »Arbitration of health-related issues, with special reference to the ADA: Labor perspective
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… Read More »Arbitration of health-related issues, with special reference to the ADA: Management perspective
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… Read More »Conflicts arising out of work force diversity
Attorney Brauer asserts that, while other federal legislation dealing with employee discrimination has viewed distinctions between workers as largely irrational, the ADA has turned that… Read More »Changing values in the workplace and arbitration: Labor perspective
A discussion of the physician-patient privilege, who can claim it, and when it is deemed to have been waived. Also discussed are the circumstances under… Read More »The arbitration hearing: Part 1. Abuse cases: Mentally ill and other “problem” witnesses: Comment
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… Read More »Arbitration of medical and health issues
Management’s perspective of arbitration decisions and judicial rulings affecting physical and mental disabilities, no smoking rules, AIDS, health insurance, and employee rights under federal statutes.
The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase… Read More »The changing character of labor arbitration
Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under… Read More »The arbitration of statutory disputes:Procedural and substantive considerations