Minimizing arbitrator "reversals" in discipline and discharge cases

Article Abstract:

Employers may be able to affect the current ratio of about half of labor discipline cases being modified during arbitration if they better understand the reasons arbitrators take the actions they do. A study of this topic revealed that modifications occurred due to reasons including insufficient evidence, mitigating circumstances, due process, contribution of management to employee offense and the punishment being too severe for the misconduct. Employers should investigate all cases thoroughly before they go to arbitration and make sure that any rules are known by the employee and applied consistently to all.

Management, Negotiation, mediation and arbitration, Employee discipline, Employee dismissals, Employment terminations, Employment at will, Labor arbitration

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Recent findings and practices in grievance-arbitration procedures

Article Abstract:

Approximately 450 organizations were surveyed to determine current characteristics of grievance arbitration. This process generally comprises four progressive steps involving higher and higher levels of workers and management, procedures stipulated by contract and time limits that lengthen as the process moves upward. The study determined that time limits for discharge and other kinds of grievances tend to be similar, that there tend to be more settlements at the second and third steps than the first, and that procedures adhere closely to contractual requirements.

Analysis, Interpretation and construction, Labor law, Grievance procedures

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Alternative dispute resolution policies: current procedural and administrative issues

Article Abstract:

Alternative dispute resolution (ADR) is widely gaining acceptance and has advantages for employers and employees in lower costs and quicker resolution. However, employers must ensure their program is unambiguous, does not deny employees' statutory rights and does not coerce employee participation. Important issues in designing ADR programs include fairness, complete disclosure, impartial adjudicators and fair discovery procedures.

Laws, regulations and rules, Dispute resolution (Law), Commercial arbitration, states

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