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… Read More »The changing character of labor arbitration
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… Read More »The changing character of labor arbitration:Management perspective
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… Read More »The changing character of labor arbitration:Labor perspective
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… Read More »The arbitration of statutory disputes:Procedural and substantive considerations
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… Read More »The arbitration of statutory disputes:The Federal Labor Relations Authority’s perspective
The authors consider the increasing use of arbitration for non-union employee grievances and the challenges, both ethical and practical, for NAA arbitrators called upon to… Read More »Arbitration forums revisited: Employer-promulgated arbitration
Judge Edwards discusses the advantages of arbitration over the litigation of labor disputes, and endorses arbitration for employment disputes, including discrimination.
The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining.… Read More »Arbitration: toward a rebirth
The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the… Read More »The coming end of arbitration’s golden age.