The author presents data revealing that current labor arbitration procedures derive not from statutes, court decisions or the common agreement of the parties, but from (1) the arbitrators before whom…
President Zack notes the increasing incorporation by reference of statutory rights into the CBA, and the “statute-reading” authority granted arbitrators by the Supreme Court in Gilmer. He posits the risk…
How and why labor arbitrators decide discipline and discharge cases. An empirical examination.
Stephen F. Befort, Mario F. Bognanno, Laura J. Cooper, Nels E. Nelson, Theodore J. St. Antoine
January 16, 2007 Proceedings Database
A statistical analysis of over 2,000 discipline and discharge arbitration decisions and the rationale given in those cases in which the discharge penalty was mitigated. Concepts such as the quantum…
The Chronicle
- The arbitrator and the NLRB: The arbitrator, the NLRB, and the courts
- Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965
- Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
- Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
- Employer neutrality and card checks 2. Navigating the uncharted seas of negotiated tranquility: A management perspective on employer neutrality agreements and card checks
- New dimensions in public-sector grievance arbitration: 2. Some recent developments in public-sector grievance arbitration: A view from New York
- Statutory Rights and Arbitrator Authority: Labor Arbitration after Pyett I. Statutory Rights in Labor Arbitration after Pyett
- Ramifications of back-pay awards in suspension and discharge cases.II. Ramifications of back pay in suspension and discharge cases
- Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – I. Improving Due Process in Employment Arbitration
- Advisory arbitration of new contracts: a case study2. Why advisory arbitration of new contracts