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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…

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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…

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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.

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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…

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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…

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

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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.

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