Due process in the discipline process
Article Abstract:
The Supreme Court has recognized, since the Weingarten case in 1975, the due process right of employees to have union representatives present at meetings with employers which employees reasonably anticipate will end in discipline or termination. Some arbitrators have sought to broaden Weingarten rights. Restoration of backpay has been the usual remedy for violation of those rights. Arbitrators should stress the need for non-confrontational behavior by both sides to head off due process challenges.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1999
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An arbitrator's view of writing briefs
Article Abstract:
Practitioners in labor arbitration cases must decide whether to submit a post-hearing brief, and if so, how to go about writing it. That briefs rarely affect the result except to cause delay and increase costs are the chief reasons for omitting them and concentrating on oral argument. If a brief is submitted, the cardinal rule in writing them is to make it easier for the arbitrator to rule in favor of the brief-writer's party.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1999
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Managing client emotions: how a mediator can help
Article Abstract:
The authors present examples of mediation's effectiveness in addressing emotional issues of clients and their attorneys so as to aid dispute resolution.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 2001
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