Barbara Camens, Catherine Harris, Susan Frier Wiltsie
March 16, 2006 Proceedings Database
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.
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 …
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.