How and Why Labor Arbitrators Decide Discipline and Discharge Cases

How and Why Labor Arbitrators Decide Discipline and Discharge Cases
Author: Laura J. Cooper
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

This book chapter summarizes the preliminary findings of what may be the most comprehensive collection of discipline and discharge arbitration decisions ever subject to systematic analysis. Since the early 1980s, arbitrators on Minnesota's Bureau of Mediation Services (BMS) roster have been required to file a copy of their decisions with the BMS regardless of the source or sector of their appointment. The authors of this chapter coded information concerning 2,055 discipline and discharge cases decided between 1982 and 2005, as well information about the arbitrators who decided those cases. The size of the data base and the large variety of coded survey items permits empirical testing of many assertions in the arbitration literature about the nature of discipline and discharge decision-making. In some respects, our findings support the conclusions in the literature about arbitral decision-making and in the empirical studies on which some of those conclusions were based, but in other respects our results challenge those statements and studies. These findings examine such issues as the impact of last chance agreements, burden of proof standards, the Seven Tests of Just Cause, and individual arbitrator characteristics, as well as the prevalence of reinstatement without back pay awards.

Fundamentals of Labor Arbitration

Fundamentals of Labor Arbitration
Author: Jay E. Grenig
Publisher: Juris Publishing, Inc.
Total Pages: 198
Release: 2011-07-01
Genre: Arbitration, Industrial
ISBN: 1933833823

Nearly 30 years after its initial publication, the American Arbitration Association’s seminal primer, Labor Arbitration: What You Need to Know, has undergone a complete facelift with the publication of this brand new book. Fundamentals of Labor Arbitration, the first volume in the "AAA/ICDR Dispute Resolution Series," features all new content that is indispensable to advocates, arbitrators, employers, unions, and readers who wish to know more about resolving labor-management ­disputes. Here readers will find a clear introduction to the grievance process and labor arbitration, as well as practical guidance to help users of the process effectively resolve labor-management disputes in the private and public sectors. This book is co-published by the American Arbitration Association and the Cornell University School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution.

Inside Arbitration

Inside Arbitration
Author: Roger I. Abrams
Publisher: Wolters Kluwer Law & Business
Total Pages: 0
Release: 2020
Genre: Arbitration, Industrial
ISBN: 9781543821321

During his 40 years as a labor arbitrator, Roger Abrams has been appointed to resolve over 2,500 disputes. This insightful and authoritative treatise, Inside Arbitration: How an Arbitrator Decides Labor and Employment Cases, tackles the topic of labor arbitration from the perspective of the arbitrator. Abrams reveals how the decision maker, the arbitrator, goes about actually deciding a case. Presented in Q&A format, Abrams shares extremely practical guidance on more than 450 real-world questions, such as: How does the typical labor arbitrator selection process operate? What types of disclosures by the arbitrator are appropriate to reveal conflict, bias, or predisposition? How does an arbitrator react to the conduct of the parties at the hearing? Is it ever appropriate to have contact with the arbitrator before the hearing? Does the arbitrator do anything differently with a really big case--for example, a case with potential exposure of over $1 million? What kind of documents will an arbitrator find useful? What do arbitrators want to hear in opening statements? What is the impact of opening statements? How do arbitrators prefer exhibits to be marked and offered into evidence? Has a party's brief ever persuaded an arbitrator to reach a different conclusion after the hearing itself has concluded? If so, what are some of the persuasive factors? How does the arbitrator determine what the appropriate remedy is? How does an arbitrator deal with ambiguity in contract language? What should an advocate do if he or she thinks arbitrators are generally wrong on a particular issue? Should the arbitrator, in rendering his or her award, address each and every legal argument put forward by each of the parties? If not, why not? How does an arbitrator stop an advocate from bullying witnesses? What challenges does the arbitrator face in an employment arbitration that might not be present in a labor arbitration? This treatise is designed for advocates and representatives with all levels of experience. It includes basic guidance on the arbitration process for the benefit of the many new advocates in the past several years, especially on the union side, as well as more advanced discussions on arbitration subtleties for the benefit of experienced representatives. Advocates for parties in arbitration need to know how arbitrators react to certain issues and behaviors. This incredible resource provides "from the trenches" insights based on the author's vast experience and involvement in deciding labor cases. While a great arbitration advocate may not know the particular arbitrator who will hear his or her case, the advocate should know how arbitrators approach hearings and the issues to be resolved. This volume thoroughly guides users through all the essential issues.

Industrial Discipline and the Arbitration Process

Industrial Discipline and the Arbitration Process
Author: Robert H. Skilton
Publisher: University of Pennsylvania Press
Total Pages: 84
Release: 2016-11-11
Genre: Law
ISBN: 1512806897

This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.

Practice and Procedure in Labor Arbitration

Practice and Procedure in Labor Arbitration
Author: Owen Fairweather
Publisher:
Total Pages: 814
Release: 1983
Genre: Business & Economics
ISBN:

This book provides a comprehensive treatment of all aspects of the labor arbitration process, from initial submission to de novo review of an arbitration case.

The Labor Arbitration Process

The Labor Arbitration Process
Author: Robben Wright Fleming
Publisher: Urbana : University of Illinois Press
Total Pages: 256
Release: 1965
Genre: Business & Economics
ISBN:

USA. Dispute settlement and individual grievance arbitration (incl. Dismissal cases). Partly historical. Index of case studies pp. 225 to 227.

Arbitration Strategy for Labor and Management Advocates

Arbitration Strategy for Labor and Management Advocates
Author: Walt Baer
Publisher: McFarland
Total Pages: 266
Release: 2015-01-27
Genre: Business & Economics
ISBN: 1476606587

Today, 95 percent of all labor contracts in the United States provide for arbitration. Indispensable to sound contract management, arbitration orchestrates the resolution of disputes by a neutral third party. Since parties who reach the process of arbitration are no longer interested in compromise or mutual accommodation, arbitrators, unlike mediators, do not have to work out arguments or propose possible solutions. They simply hear evidence and make a decision based on the facts as presented--without being bound by rules of evidence or precedents. For both sides, the key to a successful outcome lies in their advocates' ability to present and document their case. Providing guidance for labor and management advocates, this resource guide contains a practical analysis of arbitration from the participant side with a view to avoiding the problems and pitfalls of the process. Written for those who do not deal with the intricacies of arbitration on a day-to-day basis yet have a responsibility to their company should such situations arise, it begins with the very basics of the arbitration concept, including discipline and discharge procedures. It then provides detailed guidelines for presenting an organization's position effectively, and it discusses important principles and practices every advocate should know. Additional topics include grievance procedure time limits; methods for researching and selecting the arbitrator; and recommendations regarding witness conduct. Practices of the actual arbitration such as objections, admissible evidence and credibility of evidence are also discussed. Extensive references to pertinent statutes and case law round out this informative guide.