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The authors consider whether arbitrators may be influenced by the gender and other traits of the grievant, or by the arbitrator’s own gender, race, political ideology or other subconscious factors.

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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 new diversity in the workplace – The challenge to arbitration

A discussion of the challenges to arbitrators posed by increasing workplace diversity of age, race, sex, religion and ethnicity in the United States and in Canada, and what influences arbitrators should be sensitive to. Professor Gottesman presents the union view, and cautions arbitrators to not problem-solve without contractual authorization to do so.

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Arbitration of discrimination grievances

The author discusses the statutes enacted between 1963 and 1978 prohibiting discrimination because of race, color, sex, religion, national origin, and age, and the practical limits of arbitration under collective bargaining agreements to the resolution of discrimination claims. Nonetheless, the author forecasts that arbitration will play a valuable role in the resolution of discharge cases …

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The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are willing to incorporate the resolution of discrimination claims, with reference to existing law, in bargaining agreements. Also suggested is the deferral of EEOC cases to arbitral review, with arbitration costs …

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An examination of the implications for arbitration of the Alexander v. Gardner-Denver decision.

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A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability to safety disputes – and Alexander v. Gardner-Denver – holding that submitting a dispute to labor arbitration does not preclude a later suit under Title …

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Arbitration is a verb

In his third address to the Academy, Wirtz summarizes the problems of the railroad industry, illustrating why private institutions must take public interests into account. The advent of new conflict areas, including race and age differences, requires a broader concept of arbitration and suggests a need to devise new dispute resolution procedures. The public interest …

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