A discussion of the opposing theories underlying the alternatives to intervention by interested employees in grievance arbitrations. The theory espoused by one of the principal proponents, Professor Clyde W. Summers,…

The thesis of this article is that the appropriate judicial disposition of a DFR case – once the determination of breach of the duty of fair representation has been made…

DFR hypotheticals discussed by a labor attorney, a management attorney and three arbitrators.

Attorney Paller reviews the case law pertaining to the duty of fair representation and addresses the union attorney’s differing duties when there is a conflict between the employee and the…

A survey of HR managers and labor relations personnel indicated that 86% of the employees who were reinstated after discharge were still employed, and had not engaged in recidivism. The…

An examination of the difficulties confronting the union in cases of worker-on-worker violence. Various management approaches are critically assessed, including profiling and zero-tolerance policies. An alternative approach to addressing workplace…

Attorney Brauer asserts that, while other federal legislation dealing with employee discrimination has viewed distinctions between workers as largely irrational, the ADA has turned that precept on its head: it…

Richard Block discusses whether and under what conditions arbitrators should agree to serve as expert witnesses.Walter Gershenfeld discusses when disclosure is required of an arbitrator, and when recusement is appropriate.And…

A survey of advocates discloses variations in preferences in arbitral styles, from tightly controlled hearings to an unstructured proceeding. All reject the overly active or overly passive arbitrator. All seek…

Arb. Nicolau contends that the arbitration process can be simplified to achieve cost-savings, time-savings and dispute resolution. The best way to simplify arbitration is to avoid it. Arb. Nicolau suggests…