discrimination

Accommodating Family Responsibilities in the Workplace

Canadian jurisprudence: The evolving law of family status accommodation and discrimination is surveyed.

The authors describe the reasons that the Postal Service has adopted transformative mediation, implemented through its REDRESS program, for the resolution of discrimination disputes. They… Read More »Mediation of discrimination complaints at the USPS: Purpose drives practice

Where a statute has not been incorporated by reference into the CBA, the arbitrator’s application of the statutory standards can yield inequitable results. The author… Read More »The changing face of just cause:One standard or many? Management response

Three states have adopted laws prohibiting discrimination based upon off-duty conduct: New York, North Dakota and Colorado. The laws have been applied to inter-employee conduct… Read More »Romance in the workplace:Statutes limiting regulation of workplace romances

An examination of the development and implementation of the EEOC’s voluntary mediation program, and discussion of proposed legislation: the National Employment Dispute Resolution Act (or… Read More »NAA members and the exploding ADR universe:EEO mediation at the EEOC

A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use… Read More »Melding external law with the collective bargaining agreement

An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.

While adhering to the terms of the CBA between Ford Motor Company and the UAW during wartime, Arbitrator Harry Shulman nonetheless interpreted those terms broadly,… Read More »Arbitral continuity: Part 2. Harry Shulman: Deciding women’s grievances in wartime

A review of the anti-discrimination laws and their application by the Courts. Arbitrators are advised to educate themselves with the requirements of the statutes, and… Read More »Conflicts arising out of work force diversity

The author compares arbitral and judicial competence to hear and decide discrimination complaints and concludes that the traditional arbitration model provides as good or better… Read More »Arbitration of discrimination grievances: Arbitral and judicial competence compared