Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that…

A discussion of employment arbitration and the due process protection of the parties involved

An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.

President Golick states that arbitrators bring their world views, duty of neutrality and adherence to Supreme Court philosophies when writing evidence-based decisions.

Arbitrator Jaffe invokes his personal experiences to illuminate desirable objectives of the arbitration process; e.g., the development of an adequate record, asuring a fair and transparent process that engenders trust…

The author describes arbitrators’ varying approaches to the arbitration hearing, from active and interventionist, to passive, permitting the advocates to present their cases as they choose without inteference from the…

Attorney Boone examines how industrial democracy has been promoted by the Trilogy cases.He examines the intellectual, legal, and historical context of the Trilogy; and the role of union advocates in…

The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter,…

A panel gives practical advice for achieving a one-day hearing.

Labor arbitrators are experiencing an increase in the scope of cases outside the CBA, while the authority and power of parties and the authority of arbitrators have been circumscribed by…