A survey of published, private-sector arbitral decisions
Article Abstract:
Private-sector arbitration tends to favor unions when the burden of proof is on management and a higher standard of evidence is required. Management is more successful in cases involving issues that are not detailed in either labor law or the labor contracts. Therefore, management decisions appear to be limited by explicit laws and contracts. Most cases are related to job-security issues, either discharge cases or when the operations of businesses have changed. There were 1,128 arbitration awards included in the survey.Arbitration and award surveysJob security mediation and arbitrationLabor contracts influenceLabor law influence
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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The consent award in labor arbitration: where and why?
Article Abstract:
Consent awards, where the solution provided by the parties is endorsed by the arbitrator, have received little attention despite their frequency and the support of the arbitrators' Code of Professional Responsibility. One fifth to one half of all interest awards are consent awards but statistics of consent awards have not been documented in grievance arbitration. Permanent umpireships and tripartite panels are more likely to result in consent awards while ad-hoc single arbitrators are less likely to produce consent awards in disciplinary compared to non-disciplinary arbitration.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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