The deficiencies of labor arbitration as a forum for the resolution of gender, race and other form invidious discrimination under federal law are examined. The tendency of arbitrators to view…

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 forum for resolving gender discrimination…

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 describe the steps taken to…

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 recommends that arbitrators resort to…

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 ‘NEDRA”)….

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 while off duty. The author…

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 to assure a full and…

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, so as to produce results…

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 not rely on the parties…