Constructing a new paradigm of labor arbitration
Article Abstract:
A paradigm of court policy toward arbitration has developed since 1957. Policy has developed from a minimalist to an expansionist to an unbounded minimalist paradigm. Minimalism ensures that courts uphold arbitration decisions that have technically fulfilled agreed-upon arbitration procedures. Expansionism allows court intervention in arbitration decisions that the court finds displeasing. Unbounded minimalism allows court intervention when arbitration violates an individual's statutory claim. Limits have not been set for unbounded minimalism.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1996
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National Labor Relations Board: deferral to arbitration
Article Abstract:
Employers and unions should carefully consider whether to agree upon provisions in their arbitration agreements which duplicate National Labor Relations Act provisions. The National Labor Relations Board will defer to language found in arbitration agreements, thus disqualifying itself from hearing a grievance. The Board will hear grievances prior to and after the parties seek resolution under their agreements but the parties must meet high standards before the Board will trump an arbitration agreements' provisions.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1997
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Starting from scratch: ADR helps resolve labor conflicts in the new Hungary
Article Abstract:
The labor code Hungary passed in 1992 calls for compulsory mediation and binding arbitration in many instances of labor-management disputes despite the current lack of both arbitrators and an overarching organization. Some thought on mediation preceded the end of the communist era, but little has appeared structurally. An Oct 1993 conference established a proposed tripartite structure involving conciliation, mediation, and arbitration, in ascending order of formality.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1995
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- Abstracts: The coming third era of labor arbitration. End of the trilogy: the declining state of labor arbitration. Effectiveness of arbitration clauses in employment contracts after the Gilmer decision
- Abstracts: Positive discipline and labor arbitration. Immunity vs. liability in arbitral adjudication. AIDS in the workplace: judicial and arbitral responses
- Abstracts: Sex discrimination. New regulations on equal treatment in pension schemes
- Abstracts: Remedies for unlawful discrimination. Questions on part-timers' pension rights referred to ECJ. No discrimination against part-timers in over-time rules
- Abstracts: Intellectual property disputes: arbitrating the creative. Mediating communications and high-tech disputes