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… Read More »The changing face of just cause:One standard or many? Overview
A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs,… Read More »Legislation, discrimination, and benefits: Part 1. Americans with Disabilities Act and Civil Rights: Effect on arbitration
Management’s perspective of arbitration decisions and judicial rulings affecting physical and mental disabilities, no smoking rules, AIDS, health insurance, and employee rights under federal statutes.
Professor Clark advocates federal legislation to set standards for all forms of employer investigations, searches and tests to uncover illicit drug use, as a means… Read More »Substance abuse: 3. Drug abuse in the workplace: Arbitration in the context of a national solution of decriminalization
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… Read More »Arbitration of discrimination grievances
The author advocates minimum requirements for coverage by and explicitness in health care plans, including that disputes arising under such plans be subject to arbitration.