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Accommodating Family Responsibilities in the Workplace

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

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Mediation of discrimination complaints at the USPS: Purpose drives practice

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 design and implement the program, and the criteria used to measure its success.

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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 external law standards only as a last resort, and that they not “import” external law that had not been bargained for. The author further notes …

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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 suggests that the more related the activity is to employment, the more the employer can regulate it.

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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”).

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Melding external law with the collective bargaining agreement

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 accurate development of the statutory issues — one that will withstand the scrutiny of judicial appeal.

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Reasonable accommodation in the workplace: New developments in the United States and Canada

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

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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 that did not discriminate against women by reason of their sex. The author concludes that “the labor arbitration process was capable of listening to the …

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Conflicts arising out of work force diversity

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 to do so. Measures that should be taken to ensure compliance with public law are enumerated. Attorney Gibbs gives a labor perspective.

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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 claims. She addresses typical concerns (e.g. that an employee will not be fairly represented; that an arbitrator’s narrow responsibility of contract interpretation does not include …

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