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Provides essential orientation and is a "must" for anyone with an interest in the field.
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Provides essential orientation and is a "must" for anyone with an interest in the field.
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Arbitrators of labor-management disputes enjoyed what has been called a golden era during the first thirty years following World War II.
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The employer runs a seven-day a week, 24-hour-a-day operation.
Molly, a third-shift worker (10:30 p.m. to 6:30 a.m.), is required to
report to jury duty on Tuesday at 9:00 a.m.
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Arbitration has become, to a large extent, more expensive, slower and less final than it once was.
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The use of “public policy” as a ground to seek to vacate labor arbitration awards ordering reinstatement of a grievant is a relatively new development.
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An arbitrator once said that for a labor union, there are few, if any,
more sensitive issues than bargained-for work-job preservation, which is
at the very core of the collective bargaining process.
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Parties seeking arbitration of public sector labor disputes are elated over the Court of Appeals decisions in the Watertown and Indian River cases1 which now permit arbitrators to handle cases without delay and without the usual anxiety over judicial meddling in the arbitration process.
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Even though almost all of the labor agreements in the United States call for the arbitration of disputes over their interpretation and application, the widespread acceptance of grievance arbitration is of relatively recent origin.
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A quarter century ago, I used the phrase “contract reader” to characterize the role an arbitrator plays in construing a collective bargaining agreement.
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Arbitrators in labor-management disputes have always been concerned with ethical and disclosure problems.
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In many arbitration hearings there are pivotal moments--both "sparks of genius" and "fatal errors"--that can affect the outcome of the case or damage future relations between the employer, the union and the employees it represents.
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I attended my first arbitration hearing in 1981. I chair the grievance and arbitration committee at the International Brotherhood of Electrical Workers (IBEW) Local 97 and have held that position since 1998.
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Modern grievance arbitration is a notable success.
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This chapter deals with the effect of a mandatory arbitration clause in
a collective-bargaining agreement.
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This chapter addresses the coming third generation of cases dealing with individual employment arbitration.
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When management and union fail to reach an agreement during contract negotiations, they often call in a mediator.
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Most, if not all, would agree that labor arbitration is an adjudicatory process.
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Have you ever wondered how labor arbitrators approach cases?
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Courts, arbitrators and legal scholars have long debated the issue of whether it is appropriate for an arbitrator to consider external law in order to reach a decision in a specific dispute or grievance.
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The primary responsibility of the labor or management advocate is that of persuasion.
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Those who promoted arbitration of labor-management disputes understandably argued that arbitrators would have expertise that judges could hardly be expected to possess.
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For more than a century, unions and employers in the United States have had a stormy relationship.
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Employers are increasingly adopting alternative dispute resolution (ADR) procedures, including binding arbitration, to resolve disputes involving at-will employees--those who do not have the protection of a collective bargaining agreement.
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Most professions face legal consequences for professional negligence.
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The only guidance on writing labor arbitration awards in the “Code of Professional Responsibility for Arbitrators of Labor-Management Disputes” provides that “[t]he award should be definite, certain, and as concise as possible.”
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