The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase in public sector arbitration; and…
The author asserts that labor arbitrators cannot “slide over” into employment arbitration; that specialized knowledge and experience are required. Recommendations are offered as to how the transition can be made….
An examination of the factors favoring the arbitration of employment disputes. Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) is distinguished from Gilmer (arbitration is appropriate except…
Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of…
Arbitration exceptions represent the highest number of cases reviewed by the FLRA (22% of federal sector decisions; less than 2% of private sector). Many entail the arbitrator’s failure to analyze…
An examination of the changes in labor arbitration resulting from competition and technology. Management and Union perspectives are furnished, both advocating mediation. The management representative advocates that NAA members engage…
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…
Labor arbitrators are experiencing an increase in the scope of cases outside the CBA, while the authority and power of parties and the authority of arbitrators have been circumscribed by…
Attorney Hautzinger sees a new era in employee involvement in operational decisions that runs counter to the National Labor Relations Act. He sees no “social contract” because he sees no…
Survey results are presented and recommendations made regarding the role of the Academy in the development of employment arbitration, the mediation of grievances and interest disputes, and wrongful termination.