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Author: Laura J. Cooper Publisher: ISBN: 9781600424496 Category : Arbitration, Industrial Languages : en Pages : 338
Book Description
"This book is based on the comprehensive analysis of a uniquely large data set of published and unpublished labor arbitration decisions in discharge and discipline cases. In great detail, its authors coded more than two thousand decisions issued over a twenty four year period. They provide a rich array of data describing multiple aspects of each decision's arbitrator, grievant, and other case characteristics. The book's overarching focus is the arbitrator's decision (who wins, who loses and why) including unique comparisons of outcomes in discharge, as compared to discipline cases, and in private, as compared to public, sector cases. The book also reports on the relationship between the type of employee offense and outcomes, and the effect of attorney representation on case outcomes. Other relationships to arbitration decision making examined by the authors include the independent effects of last chance agreements, quantum of proof standards, job tenure, and the much debated 'Seven Tests of Just Cause'"--Publisher's website.
Author: Laura J. Cooper Publisher: ISBN: 9781600424496 Category : Arbitration, Industrial Languages : en Pages : 338
Book Description
"This book is based on the comprehensive analysis of a uniquely large data set of published and unpublished labor arbitration decisions in discharge and discipline cases. In great detail, its authors coded more than two thousand decisions issued over a twenty four year period. They provide a rich array of data describing multiple aspects of each decision's arbitrator, grievant, and other case characteristics. The book's overarching focus is the arbitrator's decision (who wins, who loses and why) including unique comparisons of outcomes in discharge, as compared to discipline cases, and in private, as compared to public, sector cases. The book also reports on the relationship between the type of employee offense and outcomes, and the effect of attorney representation on case outcomes. Other relationships to arbitration decision making examined by the authors include the independent effects of last chance agreements, quantum of proof standards, job tenure, and the much debated 'Seven Tests of Just Cause'"--Publisher's website.
Author: Jay E. Grenig Publisher: Juris Publishing, Inc. ISBN: 1933833823 Category : Arbitration, Industrial Languages : en Pages : 198
Book Description
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 Âdisputes. 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.
Author: United States. National Labor Relations Board. Office of the General Counsel Publisher: U.S. Government Printing Office ISBN: Category : Law Languages : en Pages : 68
Author: Robert M. Schwartz Publisher: ISBN: 9780945902232 Category : Grievance arbitration Languages : en Pages : 0
Book Description
Just cause is the keystone of the union contract, protecting members from discrimination and unfair discipline. But up to now, its most important secrets have been restricted to arbitrators and other labor professionals. In Just cause, labor lawyer Robert M. Schwartz offers a step-by-step guide filled with advice, tips, and winning techniques. Grievance representatives can use these methods to prepare cases and make compelling arguments.
Author: Roger I. Abrams Publisher: Wolters Kluwer Law & Business ISBN: 9781543821321 Category : Arbitration, Industrial Languages : en Pages : 0
Book Description
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.
Author: Laura J. Cooper Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
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.
Author: Robert Henry Skilton Publisher: University of Pennsylvania Press Anniversary Collection ISBN: Category : Business & Economics Languages : en Pages : 94
Book Description
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.
Author: Laura J. Cooper
Author: Laura J. Cooper
Author: Norman Brand
Author: Bonnie G. Bogue
Author: Jay E. Grenig
Author: United States. National Labor Relations Board. Office of the General Counsel
Author: Robert M. Schwartz
Author: Roger I. Abrams
Author: Laura J. Cooper
Author: Orme W. Phelps
Author: Robert Henry Skilton