Decisional model for predicting outcomes of arbitrated sexual harassment disputes
Article Abstract:
A model of the arbitration of sexual harassment disputes was developed in order to study dispute resolution in this area and to compare it to litigation. More than 85 sexual harassment arbitrations between 1981 and 1991 were studied from labor arbitration reports for this period. Case characteristics predicting discharge were found to be different from those in litigated claims. The key variables in arbitration were the witnesses, the employee making the complaint and other pertinent EEOC issues. Other variables such as severity of harassment and notice to management were key in litigation.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1993
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Arbitration of sexual harassment disputes: case characteristics and case outcomes in public versus private sector cases
Article Abstract:
A sampling of 86 public and private sector cases culled from the Labor Arbitration reports for 1981 to 1991 was studied to compare arbitration procedures for sexual harassment disputes. Disputes in both sectors tend to involve coworker harassment which has occurred before, leading to the conclusion that sexual harassment does not often result in discharge. Sexual harassment arbitration in the public sector takes place with minimal participation of the affected individuals. This is not true in the private sector. Public sector discipline is less severe than in the private sector.
Publication Name: Journal of Collective Negotiations in the Public Sector
Subject: Law
ISSN: 0047-2301
Year: 1993
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Negotiating a collective bargaining agreement: law and strategy - a short course for non-labor lawyers
Article Abstract:
Attorneys with experience in general negotiation and a working knowledge of collective bargaining law can be effective arbitrators in the collective bargaining arena. They must prepare as much as they would for trial. The key points are meeting the client's needs, fostering compliance with the agreement and improving the relationship between the parties. It is important to explore the other side's interests, for some of them may be the same for both sides. The language of the agreement is all-important.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1996
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