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What’s Up, Doc? Medical Conundrums in Arbitration

Panel members are presented with and comment upon scenarios, including compulsory examination by an employer’s doctor following injury, and compulsory demonstration of an ability to memorize a script, as a condition of continued employment.

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The article examines 78 arbitration decisions that weigh the employer’s right to discipline for absenteeism against the employee’s family care-giving responsibilities. It places such absences in demographic context; examines when lack of child care is treated as a legitimate excuse for absence, describes communication problems regarding work-family conflicts; assesses the assumption that employer responsiveness to …

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Arbitrator Knowlton posits that fairness requires the evolution of the concept of just cause to take into account the contemporary circumstances of workers, who increasingly lack a familial safety net.

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The predominance of single-parent and dual-worker households has greatly increased the tension that employees feel between responsibilities to their jobs and responsibilities to their families. Labor arbitrators most commonly encounter work/family conflict issues in discipline and discharge grievances. The authors conducted an experimental survey or arbitrators designed to explore (1) whether demographic characteristics of grievants …

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A critique of WORK/FAMILY CONFLICT, a paper by Professor Joan Williams that exams the changing demographics of working families and, specifically, the arbitration decisions pertaining to conflicting work-family obligations. Professor Nolan observes that Professor Williams’ paper includes an insightful taxonomy of the family-need arguments that arbitrators have found compelling, and those they have not. In …

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Attorney Teitelbaum notes the infrequency with which statutory claims arise, and that CBAs often furnish the means for redress of matters also addressed by statute. The potential conflicts between seniority rights on the one hand, and Civil Rights statutres and Disabilities Rights statutes on the other are discussed. It is noted that the Supreme Court …

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The author explains management’s preference for arbitration rather than litigation (especially jury trials) of employment disputes.

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An examination of the arbitrator’s role in applying public statutes to determinations of just cause when those statutes have been incorporated by reference into the CBA.

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The survey of Academy members reveals the small but increasing number of cases they take dealing with the employment arbitration of statutory disputes. The survey addresses associated due process concerns; and the demographic, fee structure, and practice characteristics and opinions of Academy members.

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