The article addresses the case law, practices, customs and rules that have arisen in the arbitration of college and university faculty CBA disputes and, especially, the discretion afforded management in…
Removal from duty for psychiatric reasons is examined, including the standards of proof, the psychotherapist-patient privilege, and the role of the arbitrator.
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 which an employer can require…
The authors asserts that arbitrators should recognize a right of confidentiality in communications between a union representative and a grievant concerning a pending or potential grievance.
The authors opine that there is no legal foundation for deeming communications between a grievant and his/her union representative to be privileged.