Advantages of arbitration over litigation: Reflections of a judge
Judge Edwards discusses the advantages of arbitration over the litigation of labor disputes, and endorses arbitration for employment disputes, including discrimination.
arbitration
Decisional thinking Chicago Panel reportIV. Reaching a decision
The judge has both legal and equitable jurisdiction, the arbitrator only legal. This article examines the practical consequences.
Decisional thinking: West Coast panel report:Conclusion and Panel discussion
The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and… Read More »Decisional thinking: West Coast panel report:Conclusion and Panel discussion
Decisional thinking: New York panel report
The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making.… Read More »Decisional thinking: New York panel report
Chicago panel discussion
A panel discussion covering a wide range of topics about the arbitration and litigation of labor-management matters, and the decision-making process associated with each.
Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny
A discussion as to the degree that external law must be considered, if at all, in the arbitral resolution of the terms of a collective… Read More »Judicial review of labor arbitration awards: a second look at Enterprise Wheel and its progeny
The role of the [British Columbia] Labour Board as an alternative to arbitration
The British Columbia Labour Code requires collective bargaining agreements to include arbitration of unresolved grievances, both discharge and discipline (for “just and reasonable cause” only),… Read More »The role of the [British Columbia] Labour Board as an alternative to arbitration
Arbitration: Process or profession?
The author describes the Academy as a progenitor of arbitration as a profession. He asserts, however, that “both the arbitration process and the National Academy… Read More »Arbitration: Process or profession?
Title: Some far-sighted views of myopia
The author reviews the increasing entwining of arbitration and the law and warns Academy members against the conclusion of their “having made it” or being… Read More »Title: Some far-sighted views of myopia
Arbitration and settlement of labor disputes in some European countries
In some European countries (Belgium, France, Italy and Germany), arbitration of labor disputes is rarely used and/or is illegal. Instead, labor courts render final adjudication.… Read More »Arbitration and settlement of labor disputes in some European countries