NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

In the Cotran decision, the California Supreme Court ruled that the appropriate inquiry in adjudicating a breach of contract claim was whether the employer’s conclusion of misconduct was reached honestly after an “appropriate investigation” (rather than whether the employee actually committed the act). In sexual harassment cases, the issue is whether the employer had a …

Read more

Arbitration forums revisited: Interest arbitration

An exploration of current problems and opportunities in the arbitration of interest disputes. The authors consider the process, the involvement of administrative agencies, the statutory criteria, the structure of the arbitration panel, ethical and practical issues, the role of mediation, fee arrangements, and other subjects. Two problems of interest disputes given special attention are justiciability …

Read more

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 ways to settle disputes at an early level through streamlined procedures, mediation, joint fact-finding and arbitral inquiry. Responses point out 1) that the ideal of …

Read more

Compulsory arbitration under the Michigan Public Employment Relations Act is described, and reservations about the process expressed by the author. The author recommends that, to speed the interest arbitration process, increase confidence in it, and produce decisions that are sound, mediation be discouraged, and a more rigorous application of evidentiary rules and procedures be followed.

Read more

Two principal aspects of the decision-making process in a given case involve: (1) fact-finding – an evaluation of the factual record of the case; and (2) rule determination – establishing the applicable rules or contract criteria. The article expands upon this premise.

Read more

In 1974, Iowa enacted a variation on final-offer-by-issue arbitration: the fact-finder’s recommendation on each issue is a third alternative for selection by the arbitrator. The legislation cover all non-federal public employees in the state. The author reviews the statutory provisions, assesses their efficacy, and provides a detailed description of the interest dispute resolution process in …

Read more

A summary of 1973-74 state legislation enacting or amending public employee bargaining laws and court and agency decisions interpreting public sector bargaining laws.

Read more

Examination of the necessity of a code of professional responsibility for labor arbitrators that would address competency, impartiality, expedition, and expense. Since many arbitrators are not members of the Academy and are not subject to thorough investigation before acceptance for membership, the establishment of guidelines is recommended to aid beginners. The author submits that arbitrators …

Read more

An outline of fact-finding procedures for federal public service employees in Canada. The broad sentiment is that fact-finding tribunals should be eliminated in favor of mediation, a sentiment the author shares. Presently, mediation is an entirely voluntary after-step to fact-finding. If mediation is elected by either party, the union may select in advance whether the …

Read more

Two principal types of fact-finding – without recommendations and with recommendations – are considered. The author finds little value in the former, except when utilized to invite impartial technicians to assist the parties on such issues as insurance and pensions in advance of negotiations. Fact-finding with recommendations simulates the arbitration process, but decisions are neither …

Read more
Page 1 of 2 12