A prediction that the future will bring a move from the bilateral structure of labor relations to a trilateral structure: one that recognizes the importance of the interest of the…
Just cause and the troubled employee
Daniel G. Collins, Linda Lamkin, Thomas R. Miller, Susan M. Oliver
January 1, 1988 Proceedings Database
A discussion of whether, in assessing the appropriateness of discipline or discharge, arbitrators should take into account “distractions” (such as the employee’s marital, family, financial or legal problems) that cause…
Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced….
Current challenges and recent developments in four industries 3. A case study of how the courts affect arbitrators and arbitration in the public sector:Illinois and the public policy exception
Edwin H. Benn, R. Theodore Clark, Jr., Gilbert Feldman, Jeanne M. Vonhof
January 16, 2005 Proceedings Database
Arbitrator Benn describes cases in which arbitration awards he issued in Illinois were vacated by the Courts. The reversals came because he strictly adhered to the parties’ negotiated language and…
An examination of the roles of arbitrators and the courts in interpreting and enforcing labor agreements. Bases on which courts have refused to enforce arbitrators’ decisions are examined, and advice…
The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of substantial symmetry.” Federal preemption under…
A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use to assure a full and…
Discipline, discharge, external law and procedure -Roundtable discussion
Mei Liang Bickner, Richard I. Bloch, Bernard J. Casey, Harry T. Edwards, Cliff Palefsky, Bruce H. Simon
March 16, 1995 Proceedings Database
A roundtable discussion, based upon hypothetical examples, of off-duty misconduct as cause for discharge. Subjects addressed include representation of the employee by independent counsel – a plea of guilty vs….
A review of the anti-discrimination laws and their application by the Courts. Arbitrators are advised to educate themselves with the requirements of the statutes, and not rely on the parties…
Attorney Gottesman observes a resistance in the lower federal courts to accept principles that the Supreme Court enunciated in Misco, the lower courts expansively applying the limited exceptions to the…