Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB…
Citing various court cases to support her thesis, the author proposes that arbitrators must “clearly set forth in the decisions what was done and not done, considered and not considered.”…
Mental illness disability and discrimination complaint disputes are discussed, including the types of mental disorders, relevant laws, the assessment processes, forensic issues and impairment and disability consequences.
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”)….
Reasonable accommodation in the workplace: New developments in the United States and Canada
Marc Jacobs, Elizabeth McIntyre, Katherine Swinton, Sheilagh Turkington
March 16, 1996 Proceedings Database
An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.
An analysis of the Supreme Court’s W. R. Grace & Co. decision and its implications for 1) the place of “public policy” in the enforcement of arbitration awards, 2) the…
In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had previously resorted to grievance arbitration….
An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing various cases, the author emphasizes…
Although the authors believe that arbitration is an efficient means for eliminating discriminatory practices when the claim is individual and doesn’t require modifying the collective bargaining agreement, they conclude that…
The author encourages the use of neutrals in arbitration and mediation to resolve community conflicts. He notes the desire of individual citizens “to play a part in shaping his destiny…
The Chronicle
- The future of labor arbitration – a challenge
- International comparison of the role of neutrals in resolving shop floor disputes. Lessons for arbitrators.
- Arbitral discretion: The tests of just cause
- Is the labor movement on the right course?
- The presidential address: Advocates I have known
- National Mediation Board – Adoption of the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
- Committee on Professional Responsibility and GrievancesOpinion No. 17
- Arbitration forums 2. Mature collective bargaining relationships
- Arbitration forums 1. Academia
- The arbitration process: 2. Arbitral craftsmanship and competence. Comment