Labor and Employment Arbitration


Book Description

The new Second Edition of Labor & Employment Arbitration is an indispensable guide to all aspects of labor & employment arbitration. Substantially revised to give greater in-depth coverage & with contributions from experts in the field, this authoritative treatise provides: Also available on Authority Employment Law Library CD-ROM.




Compulsory Arbitration


Book Description

This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.




How to Prepare and Present a Labor Arbitration Case


Book Description

Before the heating, during the hearing, and following the hearing -- here is your essential guide to achieving winning results in arbitration. The author, a former labor attorney and employee relations executive, explains the most effective techniques you can use to: - determine what needs to be proven- assemble the evidence- select the arbitrator- present the case in chief- deal with objections- handle adverse witnesses- draft posthearing briefs- and moreYou get step-by-step analysis and advice on formal arbitration procedures, plus guidance on how to adapt your presentation to the arbitrator's individual style.On-point examples throughout the text -- plus sample statements and arguments, forms, checklists, a reading list, and more -- will save you valuable time and streamline your preparation.




Arbitration in Switzerland


Book Description

Arbitration in Switzerland




Employment Arbitration - 2nd Edition


Book Description

Employment Arbitration provides practical commentary and analysis in the area of employment arbitration, for both the novice and the seasoned practitioner. It contains a comprehensive overview of the major developments in this emerging field and it supplies the reader with analysis, perspective, and commentary. The cases selected for presentation and analysis are the most significant decided to date. The case summaries are comprehensive, cogent, and objectively rendered. In addition, they contain critical evaluations which can be of use in developing litigation strategy or advising clients on business practices. The volume also describes and assesses political developments - proposed legislation and lobbying efforts - that address or which could affect this new use of arbitration. Employment Arbitrationemphasizes a number of issues that are particularly controversial in the area: the enforceability of employer-imposed arbitration agreements, the award of attorney’s fees and punitive damages, and the review of arbitral determinations on civil rights claims. Finally, the volume provides the reader with model employment arbitration agreements that are accompanied by extensive commentary and explanations.




The Common Law of the Workplace


Book Description

In this extraordinary collection by members of the National Academy of Arbitrators, 16 master arbitrators share their years of experience and explain the profession's most widely accepted arbitral principles on common arbitration subjects. You get black-letter statements that summarize important points -- plus extensive commentary and references that enhance your own perspective on practical and theoretical issues. Use this volume to understand and carry on the best traditions of the arbitration profession.




Fundamentals of Labor Arbitration


Book Description

Nearly 30 years after its initial publication, the American Arbitration Association’s seminal primer, Labor Arbitration: What You Need to Know, has undergone a complete facelift with the publication of this brand new book. Fundamentals of Labor Arbitration, the first volume in the "AAA/ICDR Dispute Resolution Series," features all new content that is indispensable to advocates, arbitrators, employers, unions, and readers who wish to know more about resolving labor-management ­disputes. Here readers will find a clear introduction to the grievance process and labor arbitration, as well as practical guidance to help users of the process effectively resolve labor-management disputes in the private and public sectors. This book is co-published by the American Arbitration Association and the Cornell University School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution.




Practice and Procedure in Labor Arbitration


Book Description

This book provides a comprehensive treatment of all aspects of the labor arbitration process, from initial submission to de novo review of an arbitration case.




AAA Handbook on Arbitration Practice


Book Description

The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte. The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.




European Employment Law, 2nd Edition Hb


Book Description

European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.00The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers.