Emerging due process concerns in employment arbitration: a look at actual cases
Article Abstract:
An investigation of employment arbitration cases and a survey of 92 companies currently using employment arbitration raises some questions about the mechanisms used in this type of arbitration. Mandatory arbitration of employment disputes have been upheld by the US Supreme Court but concerns remain about due process rights for employees if they do not receive help in selecting their arbitrator and in hearing preparation. Therefore, the legal community and third party dispute resolution service providers should work together to perfect arbitration mechanisms and safeguards.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1996
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Discipline and decisions: a study of arbitration cases dealing with employee discourtesy
Article Abstract:
Valuable principles can be gleaned from arbitration decisions involving employee discourtesy, as shown by a survey of cases. Arbitrators explain their reasoning, leaving a record to study. They may have tests to ascertain the validity of conflicting stories, and prior behavior of employees may become relevant. Definitions of discourtesy may surface, and considerations of customers can arise. The use of related rules and policies of management may occur, and the nature of proper penalties can be clarified.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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