The Americans with Disabilities Act and labor arbitration: recent awards
Article Abstract:
A survey of labor arbitration awards indicates that arbitrators are increasingly likely to be applying the Americans with Disabilities Act (ADA), both when the ADA is expressly mentioned in the collective bargaining agreement and when it is not. Despite the notion that arbitrators are not to consider external law, many are incorporating the ADA and related state laws into their decisions, often through nondiscrimination clauses. Employers should not assume that ADA matters will not be considered in arbitration simply because the bargaining agreement is silent on the issue.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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Whatever happened to arbitral finality? Is it their fault or ours?
Article Abstract:
Many judges oppose the binding nature of labor arbitration awards and so seek reasons to overturn them. Therefore, arbitrators should write their decisions not only for the parties but also for the judges who are likely to review them. Arbitration decisions should include the just cause reasoning and summarize the arguments addressed to prevent judicial intrusion and preserve the finality of arbitration decisions.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1997
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Corporate protections: the mechanics of building a union early warning system in collective bargaining agreements
Article Abstract:
Issues concerning the possible inclusion of ways of monitoring a company's financial health in collective bargaining agreements are discussed. This early warning system often used company creditors and investors might be also be an appropriate way for unions to protect members' interests.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1999
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