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An Analysis of the Performance of Employer Promulgated Workplace Dispute Resolution Procedures Requiring the Arbitration of Employee Legal Complaints

Author: Edward Patrick McDermott
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 222

Book Description

An Analysis of the Performance of Employer Promulgated Workplace Dispute Resolution Procedures Requiring the Arbitration of Employee Legal Complaints

Author: Edward Patrick McDermott
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 222

Book Description

Employment Dispute Resolution and Worker Rights in the Changing Workplace

Author: Adrienne E. Eaton
Publisher: Cornell University Press
ISBN: 9780913447772
Category : Business & Economics
Languages : en
Pages : 314

Book Description
Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.

Mediation and Arbitration of Employment Disputes

Author: John T. Dunlop
Publisher: Jossey-Bass
ISBN: 9780787908478
Category : Business & Economics
Languages : en
Pages : 0

Book Description
A Guide for Policy and Practice This book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack! --Jerry J. Jasinowski, president, National Association of Manufacturers For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system.

Alternative Dispute Resolution in the Employment Arena

Author: Samuel Estreicher
Publisher: Kluwer Law International B.V.
ISBN: 9041121846
Category : Law
Languages : en
Pages : 1016

Book Description
This volume, which reprints the proceedings of the New York University 53rd Annual Conference on Labour, features work that provides data to answer many of the questions that form the basis of many of the policy arguments. The contributors explore solutions to problems in the American workplace.

Workplace Justice Without Unions

Author: Hoyt N. Wheeler
Publisher: W.E. Upjohn Institute
ISBN: 0880993138
Category : Arbitration, Industrial
Languages : en
Pages : 244

Book Description
Justice in the U.S. nonunion workplace operates within the tenets of employment-at-will. Based on the late nineteenth century Woods rule, this concept led courts to recognize the right of an employer to fire a worker at any time, for any reason. Fortunately for nonunion workers, a workplace justice system has evolved that provides them some recourse when they have been let go without just cause. This is a complex and not widely understood system, but now there is a book that clarifies its workings and compares its effectiveness and fairness to a variety of other workplace justice systems. [publisher web site].

From Court Surrogate to Regulatory Tool

Author: Mark C. Weidemaier
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
A growing body of empirical research explores the use of arbitration to resolve employment disputes, typically by comparing arbitration to litigation using relatively traditional outcome measures: who wins, how much, and how quickly. On the whole, this research suggests that employees fare reasonably well in arbitration. Yet there remain sizeable gaps in our knowledge. This Essay explores these gaps with two goals in mind. The first and narrower goal is to explain why it remains exceedingly difficult to assess the relative fairness of arbitration and litigation. The outcome research does not account for a variety of "filtering" mechanisms that influence the relative merits of the cases adjudicated in each system. This Essay explores these filters, focusing on one in particular: most employee grievances are resolved within the workplace through relatively informal procedures. Workplace structures thus filter out most employee grievances before they reach arbitration. This fact has significant implications for efforts to interpret the arbitration outcome research. It also highlights the significance of the workplace as a locus of dispute resolution activity. Indeed, a growing body of research focuses directly on workplace compliance and grievance procedures. Recognizing the significance of workplace dispute resolution leads to this Essay's broader goal. That goal is to expose, and hopefully bridge, an artificial conceptual divide that separates the arbitration research from research into workplace dispute resolution. Many researchers view internal compliance and grievance procedures as a means of harnessing the employer's own regulatory capacity. This conception drives a research agenda that explores the role of workplace structures in generating private norms and in implementing (or subverting) public norms like anti-discrimination. By contrast, the arbitration outcome research conceives of arbitration narrowly as a court surrogate, one that should ideally yield equivalent outcomes at lower cost. Although legitimate to a degree, this conception artificially separates arbitration from other employer-structured disputing procedures and yields an empirical agenda that leaves fundamental questions unanswered. This Essay closes by discussing two of these questions: First, do arbitrators play a meaningful regulatory role, either by shaping other arbitrators' practices or by shaping the terms of arbitration contracts? Second, under what circumstances do arbitrators effectively generate and enforce norms?

An Analysis of the Performance of Employer Promulgated Workplace Dispute Resolution Procedures Requiring the Arbitration of Employee Legal Complaints PDF Download

An Analysis of the Performance of Employer Promulgated Workplace Dispute Resolution Procedures Requiring the Arbitration of Employee Legal Complaints

An Analysis of the Performance of Employer Promulgated Workplace Dispute Resolution Procedures Requiring the Arbitration of Employee Legal Complaints

Employment Dispute Resolution and Worker Rights in the Changing Workplace

Mediation and Arbitration of Employment Disputes

Alternative Dispute Resolution in the Employment Arena

Workplace Justice Without Unions

From Court Surrogate to Regulatory Tool

Journal of Alternative Dispute Resolution in Employment

Management Effectiveness and Willingness to Grieve

Arbitration of Employment Disputes

More Than We Have Ever Known about Discipline and Discharge in Labor Arbitration: An Empirical Study