NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

Just cause across industries: VI. Media, Communications, and Technology

The panelists use a hypothetical discharge to analyze just cause pertaining to the use of new technologies.

Read more

The author addresses whether arbitrators face improper conflicts of interest when trying to please repeat-player clients or when serving as party-appointed arbitrator advocates.

Read more

A discussion of the ethical responsibilities of arbitrators, including the duty to disclose any factor that a reasonable person might regard as material. Methods of disclosure are also discussed. Hypotheticals are offered, to illustrate the range of what should be disclosed.

Read more

A description of the common law duty of loyalty as applied by courts, compared to the duty as construed by arbitrators under CBAs. The employee conduct reviewed includes competition with the employer, preparation for such competition, doing work for a competitor, engaging in conduct that impairs performing for the employer, the adherence to religious beliefs …

Read more

Employment law in Canada (both judicial and arbitral) imposes standards of loyalty that are stricter than those in the United States. This article describes those duties of good faith and fidelity.

Read more

Professor Goldman asserts that a duty of loyalty should be invoked only when those seeking loyalty have earned their claim to it: where the employee has violated a specific provision of the CBA, or where the overall nature of the relationship demonstrates that the employer has earned the expectation of employee loyalty.

Read more

Discussion of typical ethical problems in ad hoc arbitration, many of which also arise in permanent appointments.

Read more