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A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory process. The elements of the case involve just cause, the Federal ADA, and a state law against discharge due to mental disability. Judge Edwards’ instructions to the jury include a …

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Jay Kramer (NY Labor Rels Bd) asserts that seniority is a contractual grant rather than common-law right, and therefore must be considered in the context of the CBA. Arbitrator Hill, as well, sees seniority as a right arising under the CBA, and expresses the consensus of the participants that management determines ability, subject to arbitral …

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