Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB…
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…
The author compares arbitral and judicial competence to hear and decide discrimination complaints and concludes that the traditional arbitration model provides as good or better forum for resolving gender discrimination…
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 of avoiding inconsistent employer policies…
An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor Relations Act, there is a…
The author addresses the standards that arbitrators should apply when addressing charges of sexual harassment, and the rights of the accused as well as the employer and alleged victim. Helen…
The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase in public sector arbitration; and…
Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of…
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…
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, whereas the ADA will impose…