Acceptability as a factor in grievance arbitration

Article Abstract:

A major concern of the grievance arbitration process centers on questions of 'acceptability,' including the acceptability of the arbitrator, the arbitrator's decision, and the arbitration process. Questions about acceptability may stem from the lack of agreement among the parties over the proper standards for grievance arbitration. If the process is seen as an extension of collective bargaining, then 'ethically ambiguous' awards are acceptable. If the process is seen as quasi-judicial, the arbitrator's role is diminished.

Interpretation and construction, Practice, Labor law, Grievance arbitration

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Arbitration of statutory claims: the Wright decision but the wrong dictum

Article Abstract:

Issues concerning Justice Antonin Scalia's flawed dictum in Wright v. Universal Maritime Service Corp. that a general arbitration clause in a collective bargaining agreement does not require an employer to arbitrate an alleged violation of the Americans with Disabilities Act are discussed.

Cases, Negotiation, mediation and arbitration, Employment discrimination, Collective labor agreements

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Legalistic vs. facilitative approaches to arbitration: strengths and weaknesses

Article Abstract:

The choice to use arbitration as quasi-litigation or as conflict resolution is discussed. Behaviors of advocates using each are compared.

Usage

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