TY - BOOK T1 - Best Practices for Managing Union Arbitration : Leading Lawyers on Understanding the Key Components of Arbitration and Bringing the Case to a Successful Resolution Y1 - 2014 A1 - William G. Trumpeter A1 - David I. Rosen A1 - Charles H. Kaplan A1 - John C. Romeo KW - ADR KW - alternative dispute resolution KW - arbitration KW - dispute resolution AB -

Best Practices for Managing Union Arbitration provides an authoritative, insider's perspective on leading employers through the triumphs and pitfalls of the arbitration process. Experienced partners from law firms across the nation explore the recent trends surrounding alternative dispute resolution (ADR), as well as the differences between varying kinds of disputes. These top lawyers offer advice on helping employers in deciding when to move forward with arbitration, collecting evidence of intent, and determining witness credibility. Covering a range of topics from analyzing the laws governing union arbitration to knowing when to settle, these experts discuss key strategies for alerting clients to National Labor Relations Board (NLRB) decisions and stress the importance of interpreting the collective bargaining agreement (CBA) language. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-present legal field.

PB - Thomson Reuters CY - New York L2 - eng ER - TY - RPRT T1 - Labour Dispute Systems: Guidelines for Improved Performance Y1 - 2013 KW - dispute resolution KW - employment relations KW - ILO KW - industrial relations KW - International Labour Organization KW - labor dispute KW - labor dispute resolution KW - labor dispute settlement AB -

Effective dispute prevention and resolution procedures and mechanisms provide an important underpinning for sound and stable industrial and employment relations. This guide is part of the ILO’s effort to strengthen institutions for the prevention and resolution of labour disputes. It provides advice on the steps to be taken to either revitalize an existing system, or establish an independent institution, ensuring that they operate efficiently and provide effective dispute resolution services.

PB - International Labour Organization (ILO) CY - Geneva, Switzerland L2 - eng UR - http://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---dialogue/documents/publication/wcms_211468.pdf ER - TY - BOOK T1 - A Primer on American Labor Law (Third Edition) Y1 - 2013 A1 - Gould , William B. KW - collective bargaining KW - dispute resolution KW - labor law KW - National Labor Relations Act KW - unfair labor practices AB -

An accessible guide written for nonspecialists as well as labor lawyers – labor and management representatives, students, and general practice lawyers, and trade unionists, government officials, and academics from other countries. It covers topics such as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector, and public-interest labor law. This updated fifth edition contains extensive new materials covering developments that include the repeal or change in public employee labor law and the development of case law relating to wrongful dismissals and pension reform in the public sector; bankruptcy in both the private and public sector; ADA litigation and 2008 amendments of that statute; new cases on all subjects, but particularly Bush and Obama NLRB decisions, sexual harassment, sexual orientation, and retaliation; and the globalization of labor disputes in labor-management relations in the United States, with particular reference to professional sports disputes and the extraterritoriality of American labor law generally.(publisher's statement)

PB - Cambridge University Press CY - New York L2 - eng ER - TY - JOUR T1 - American Workplace Dispute Resolution in the Individual Rights Era JF - International Journal of Human Rights Management Y1 - 2012 A1 - A. J. Colvin KW - ADR KW - alternative dispute resolution KW - dispute resolution KW - employment relations KW - individual rights AB -

This article presents a theoretical conceptualization of the rise of alternative dispute resolution and its impact on American employment relations in the individual rights era. The idea of an industrial relations system advanced by Dunlop is no longer a plausible general approach for understanding American employment relations given the decline of organized labor. This article examines the question of whether a new individual employment rights-based system of employment relations has replaced it. The old New Deal industrial relations system was based on three pillars: labor contracts that provided a web of rules governing the workplace; economic strikes, actual or threatened, which provided the bargaining power for unions to negotiate these contracts; and labor arbitration, which provided the workplace dispute resolution mechanism for enforcing these contracts. The institutions of the new individual employment rights era can be seen as based on three parallel elements: individual employment rights provide the new web of rules; litigation, actual or threatened, provides the new source of bargaining power for employees; and alternative dispute resolution procedures provide the new workplace-based mechanism for enforcing individual rights. However, each of these elements contains substantial limitations, which makes the institutional structures of the new individual employment rights era something different from a new Dunlopian integrated system.

VL - 23 L2 - eng UR - http://digitalcommons.ilr.cornell.edu/articles/833/ CP - 3 ER - TY - BOOK T1 - Grievance Guide (13th Edition) Y1 - 2012 A1 - Bureau, NationalAffairs KW - arbitration KW - conflict KW - conflict management system KW - conflict resolution KW - dispute resolution KW - grievance arbitration AB -

Practical guidance for tracking patterns in grievance arbitration.

PB - Bureau of National Affairs (BNA) Books CY - Edison, NJ L2 - eng ER - TY - JOUR T1 - An Empirical Study of Employment Arbitration: Case Outcomes and Processes JF - Journal of Empirical Legal Studies Y1 - 2011 A1 - A. J. Colvin KW - AAA KW - American Arbitration Association KW - arbitration KW - dispute resolution AB -

Using data from reports filed by the American Arbitration Association (AAA) pursuant to California Code requirements, this article examines outcomes of employment arbitration. The study analyzes 3,945 arbitration cases, of which 1,213 were decided by an award after a hearing, filed and reaching disposition between January 1, 2003 and December 31, 2007. This includes all the employment arbitration cases administered nationally by the AAA during this time period that derived from employer-promulgated arbitration procedures. Key findings include: (1) the employee win rate amongst the cases was 21.4%, which is lower than employee win rates reported in employment litigation trials; (2) in cases won by employees, the median award amount was $36,500 and the mean was $109,858, both of which are substantially lower than award amounts reported in employment litigation; (3) mean time to disposition in arbitration was 284.4 days for cases that settled and 361.5 days for cases decided after a hearing, which is substantially shorter than times to disposition in litigation; (4) mean arbitration fees were $6,340 per case overall, $11,070 for cases disposed of by an award following a hearing, and in 97 percent of these cases the employer paid 100 percent of the arbitration fees beyond a small filing fee, pursuant to AAA procedures; (5) in 82.4 percent of the cases, the employees involved made less than $100,000 per year; and (6) the mean amount claimed was $844,814 and 75 percent of all claims were greater than $36,000. The study also analyzes whether there is a repeat player effect in employer arbitration. The results provide strong evidence of a repeat employer effect in which employee win rates and award amounts are significantly lower where the employer is involved in multiple arbitration cases, which could be explained by various advantages accruing to larger organizations with greater resources and expertise in dispute resolution procedures. The results also indicate the existence of a significant repeat employer-arbitrator pairing effect in which employees on average have lower win rates and receive smaller damage awards where the same arbitrator is involved in more than one case with the same employer, a finding supporting some of the fairness criticisms directed at mandatory employment arbitration.

VL - 8 L2 - eng UR - http://digitalcommons.ilr.cornell.edu/articles/577/ CP - 1 ER - TY - JOUR T1 - The Conflict Over Conflict Management JF - Dispute Resolution Journal Y1 - 2010 A1 - D. B. Lipsky A1 - Avgar, A. C. KW - ADR KW - alternative dispute resolution KW - conflict KW - conflict management system KW - dispute resolution KW - industrial relations AB -

[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of fit between an organization’s conflict management philosophy and its strategic goals and objectives dictates whether the conflict management system will enhance or hinder key stakeholder outcomes.

VL - 65 L2 - eng UR - http://digitalcommons.ilr.cornell.edu/articles/775/ CP - 2-3 ER - TY - CONF T1 - The Emerging Anglo-American Model: Convergence in Industrial Relations Institutions? T2 - 15th World Congress of the International Industrial Relations Association Y1 - 2009 A1 - A. J. Colvin A1 - Darbishire, O. R. KW - Australia KW - Canada KW - dispute resolution KW - industrial relations KW - Ireland KW - labor rights KW - New Zealand KW - United Kingdom KW - United States AB -

The Thatcher and Reagan administrations led a shift towards more market oriented regulation of economies in the Anglo-American countries, including efforts to reduce the power of organized labor. In this paper, we examine the development of employment and labor law in six Anglo-American countries (the U.S., Canada, the U.K., Ireland, Australia, and New Zealand) from the Thatcher/Reagan era to the present. At the outset of the Thatcher/Reagan era, the employment and labor law systems in these countries could be divided into three pairings: the Wagner Act model based industrial relations systems of the United States and Canada; the voluntarist system of collective bargaining and strong unions in the United Kingdom and Ireland; and the highly centralized, legalistic Award systems of Australia and New Zealand. Indeed, such a historical perspective contradicts the idea that there has been a longstanding Anglo-American model of liberal market economic ordering as has sometimes been suggested, e.g. in the varieties of capitalism literature. However, looking at the current state of the employment relations systems in these six countries, we argue that there has been growing convergence in two major areas.

There has been a convergence in the area of labour rights toward private ordering of employment relations and away from the idea of work and employment being a matter subject to public ordering. By private ordering, we mean the idea that work and employment terms and conditions are primarily determined at the level of the individual organization, whether through collective bargaining between unions and employers at the organizational level, through individual negotiations, or through unilateral employer establishment of the terms and conditions of employment. The shift away from public ordering of work and employment is most dramatic in the cases of Australia and New Zealand, where the publicly established system of centralized Awards has given way to organizational level ordering of employment relations through workplace or individual level agreements. In the United Kingdom, the shift to greater private ordering is most evident in the breakdown of multi-employer collective bargaining, the weakening of industry wide standards enforced by strong unions, and the growth of nonunion representation at the enterprise level. By contrast, the much lesser degree of change in the labour rights area in North America reflects the historical situation that the Wagner Act model was from the outset a model built around the idea of private ordering. When we turn to the area of employment rights, we also see a convergence across the six Anglo-American countries toward a model in which the role of employment law is to establish a basket of minimum standards that are built into the employment relationship, which can then be improved upon by the parties.

Within these general trends, we do see some variation in the degree of convergence on these models of labour and employment rights regulation across the Anglo-American countries. The strongest degree of similarity in adoption of the private ordering in labour rights and the minimum standards basket in employment rights is found in four of the countries: Canada, the United Kingdom, New Zealand and, with recent legislative changes, Australia. Each of these countries has adopted labour laws that favour organizational level economic ordering, but with reasonably substantial protections of trade union organizing and bargaining rights, and a set of minimum employment standards that includes similar sets of minimum wage, basic leave entitlements and unfair dismissal protections.

The first outlier in this study is Ireland. The Irish employment relations system stands out as the only one that has continued to have a significant degree of central coordination and public ordering of employment relations. Although there is substantial coordination at the central level, at the organizational level, the Irish system resembles the other Anglo-American countries much more closely, suggesting that it has the potential to evolve in a similar direction. The other outlier is the United States. Structurally its system is similar to the other Anglo-American countries in emphasizing private ordering in labour law and the role of employment law as being to establish a minimum basket of basic standards. However, where the United States diverges from the other countries is that its system has involved a general favouring of the interests of employers over those of employees and organized labour in the implementation of the model.

JA - 15th World Congress of the International Industrial Relations Association CY - Sydney, Australia L2 - eng UR - http://digitalcommons.ilr.cornell.edu/conference/32 ER - TY - RPRT T1 - International Trends In ADR: An Asian View Y1 - 2009 A1 - A. M. Zack KW - ADR KW - alternative dispute resolution KW - Asia KW - dispute resolution KW - globalization KW - international law AB -

[Excerpt] In globalization we like to refer to trends in international law, or international trends in national law. But the reality is that in the international arena there is no legal recourse or workplace protection as there is in the national arena leaving ADR as the only forum for moving forward. Much as we would like to report on the sweeping and expanding success of labor and employment ADR in Asia, with two exceptions, the pickings are slim.

PB - Labor Employment Relations Association CY - San Francisco, California L2 - eng UR - http://www.law.harvard.edu/programs/lwp/people/staffPapers/zack/INTernational_trends_in_ADR_SF_Jan_2009.pdf ER - TY - RPRT T1 - International Legal Standards for Labor and Employment Law Y1 - 2008 A1 - A. M. Zack KW - China KW - dispute resolution KW - employment law KW - labor law KW - mediation KW - workers’ rights AB -

[Excerpt] Whatever our background and traditions in approaching this topic, and wherever we have developed our understanding of what conditions and laws should govern those at work, I think we all share an innate sense that although employers are entitled to a fair profit from their investment, workers are also entitled to be free of exploitation. The mutual dependence of labor and management was recognized by President Abraham Lincoln in his first State of the Union Address in 1861. He declared that “labor came first and can exist without capital, but... capital could never have existed without labor."

JA - Workplace Fairness Disputes in a Global Economy: Hong Kong and PCR Perspectives PB - Hong Kong International Arbitration Center CY - Hong Kong L2 - eng UR - http://www.law.harvard.edu/programs/lwp/people/staffPapers/zack/Intl_Legal_Labor_Standards,_Hong_Kong_May_30,2008.pdf ER - TY - RPRT T1 - Using Mediation to Resolve Workplace Disputes in China Y1 - 2008 A1 - A. M. Zack KW - China KW - Corporate Codes of Conduct KW - dispute resolution KW - mediation AB -

[Excerpt] Newspapers are filled with reports from China of exploitative workplace conditions and tens of thousands of wildcat strikes in an ever expanding private sector, with reports on restrictions imposed on the work of NGOs, and the development of independent trade unions that in other countries would help to remedy or overcome such unfair practices. Even though the government has made strides in promulgating new labor legislation, there is still room for a private system helping to achieve compliance with the standards set forth in many Corporate Codes of Conduct. It is appropriate that the consuming and investing public, the transnational corporations purchasing from Chinese factories and the world at large intensify their efforts to establish fair workplace conditions among factories producing for the Foreign Investment Enterprises and the conscientious brands by exposing worker exploitation and thus hopefully avoid or forestall a race to the bottom. Herein are some thoughts on how such an undertaking might proceed within existing Chinese law, and hopefully with the participation and encouragement of Chinese institutions.

PB - University of Hong Kong Law School CY - Hong Kong L2 - eng UR - http://www.law.harvard.edu/programs/lwp/people/staffPapers/zack/Using_Mediation_to_resolve_workplace_Disputes_in_China(Draft_6].pdf?ie=UTF8&s=books&qid=1186783095&sr=8-1 ER - TY - CONF T1 - Conflict Resolution and the Transformation of the Social Contract T2 - Fifty-Ninth Annual Meeting of the Labor and Employment Relations Association Y1 - 2007 A1 - D. B. Lipsky KW - ADR KW - alternative dispute resolution KW - dispute resolution KW - industrial relations KW - social contract KW - workplace conflict AB -

[Excerpt] Here is my argument in a nutshell. Beginning more than thirty years ago, the social contract that had governed relations between workers and employers in the United States for the period following World War II began to unravel. Other scholars, most notably Tom Kochan, Harry Katz, and Bob McKersie, have charted the transformation of American industrial relations that began in the 1970s and to a great extent continues today (Kochan et al. 1986). Seeber and I have argued that the emerging social contract that had been produced by the transformation of U.S. industrial relations has had particularly profound consequences for the handling of workplace conflict. To a degree, the rise of alternative dispute resolution (ADR) has been the most obvious manifestation of how workplace conflict is handled under the new social contract. But our research has led us to believe that there is a much deeper, systemic shift that is occurring in the management of workplace conflict. We have focused on a development that moves conflict resolution significantly beyond ADR—we have emphasized the significance of the emergence of so-called integrated conflict management systems (Lipsky et al. 2003, Lipsky and Seeber 2003).

JA - Fifty-Ninth Annual Meeting of the Labor and Employment Relations Association L2 - eng UR - http://digitalcommons.ilr.cornell.edu/conference/25/ ER - TY - JOUR T1 - Improved Metrics for Workplace Dispute Resolution Procedures: Efficiency, Equity, and Voice JF - Industrial Relations Y1 - 2007 A1 - Budd, J. W. A1 - A. J. Colvin KW - dispute resolution KW - employment law KW - grievance procedures KW - metrics KW - nonunion KW - union AB -

Many debates surround systems for resolving workplace disputes. In the United States, traditional unionized grievance procedures, emerging nonunion dispute resolution systems, and the court-based system for resolving employment law disputes have all been criticized. What is missing from these debates are rich metrics beyond speed and satisfaction for comparing and evaluating dispute resolutions systems. In this paper, we develop efficiency, equity, and voice as these standards. Unionized, nonunion, and employment law procedures are then qualitatively evaluated against these three metrics.

VL - 47 L2 - eng UR - http://digitalcommons.ilr.cornell.edu/articles/578/ CP - 3 ER - TY - BOOK T1 - What Do Unions Do? A Twenty Year Perspective Y1 - 2007 A1 - Bennett, J. A1 - Kaufmann, B. KW - benefits KW - decline of unions KW - dispute resolution KW - economic theory KW - income inequality KW - job satisfaction KW - productivity KW - wages AB -

One of the best-known and most-quoted books ever written on labor unions is What Do Unions Do? by Richard Freeman and James Medoff. Published in 1984, the book proved to be a landmark because it provided the most comprehensive and statistically sophisticated empirical portrait of the economic and socio-political effects of unions, and a provocative conclusion that unions are on balance beneficial for the economy and society.

The present volume represents a twentieth-anniversary retrospective and evaluation of What Do Unions Do? The objectives are threefold: to evaluate and critique the theory, evidence, and conclusions of Freeman and Medoff; to provide a comprehensive update of the theoretical and empirical literature on unions since the publication of their book; and to offer a balanced assessment and critique of the effects of unions on the economy and society. Toward this end, internationally recognized representatives of labor and management cover the gamut of subjects related to unions.

Topics covered include the economic theory of unions; the history of economic thought on unions; the effect of unions on wages, benefits, capital investment, productivity, income inequality, dispute resolution, and job satisfaction; the performance of unions in an international perspective; the reasons for the decline of unions; and the future of unions. The volume concludes with a chapter by Richard Freeman in which he assesses the arguments and evidence presented in the other chapters and presents his evaluation of how What Do Unions Do? stands up in the light of twenty years of additional experience and research. This highly readable volume is a state-of-the-art survey by internationally recognized experts on the effects and future of labor unions. It will be the benchmark for years to come. (publisher's statement)

PB - Transaction Publishers CY - New Brunswick, NJ L2 - eng ER - TY - CONF T1 - The Impacts of Alternative Dispute Resolution on Workplace Outcomes T2 - Fifty-Seventh Annual Meeting of the Labor and Employment Relations Association Y1 - 2005 A1 - D. B. Lipsky KW - ADR KW - alternative dispute resolution KW - dispute resolution KW - industrial relations KW - organizations KW - research AB -

[Excerpt] We maintain that there is an emerging generation of ADR researchers who are attempting to integrate societal concerns with macro- and micro-organizational perspectives. The newest generation of researchers is doing a better job of bridging the gap between practice and research and of building and testing empirical models based on sound theory. The papers we have heard at this session represent advances in ADR research that fulfill the hopes and expectations that Avgar and I expressed in our earlier paper.

JA - Fifty-Seventh Annual Meeting of the Labor and Employment Relations Association L2 - eng UR - http://digitalcommons.ilr.cornell.edu/conference/28/ ER - TY - JOUR T1 - Adoption and Use of Dispute Resolution Procedures in the Nonunion Workplace JF - Advances in Industrial & Labor Relations Y1 - 2004 A1 - A. J. Colvin KW - dispute resolution KW - grievances KW - industrial relations KW - nonunion workplace AB -

[Excerpt] This paper investigates the adoption, structure, and function of dispute resolution procedures in the nonunion workplace. Whereas grievance procedures in unionized workplaces have been an important area of study in the field of industrial relations, research on dispute resolution procedures in nonunion workplaces has lagged behind. As a result, our knowledge of the development of nonunion procedures remains relatively limited. Similarly, with a few noteworthy exceptions (e.g. Lewin, 1987, 1990), our knowledge of workplace grievance activity is almost entirely based on research conducted in unionized settings. Given the major differences in the institutional contexts of union and nonunion workplaces in the United States, existing ideas about workplace dispute resolution developed in the unionized setting will likely require significant modification in order to understand dispute resolution procedures and activity in the nonunion workplace. Issues relating to dispute resolution in the nonunion workplace are of increasing importance to public policy given the combination of continued stagnation in levels of union representation and mounting concerns over rising levels of employment litigation in the courts. Knowing what nonunion dispute resolution procedures look like and how they function will help answer the question of what role these procedures may play in the future governance of the workplace.

VL - 13 L2 - eng UR - http://digitalcommons.ilr.cornell.edu/articles/582 ER - TY - RPRT T1 - Conciliation of Disputes Over International Labor Standards Y1 - 2004 A1 - A. M. Zack KW - Asia KW - dispute resolution KW - globalization KW - international labor standards KW - labor relations KW - mediation AB -

[Excerpt] In the decades between the Second World War and the current era of globalization and free trade, those of us in the labor relations world functioned nationally within our borders working with a prescribed set of laws and practices, which we viewed as difficult enough without having to add an international dimension to that mix. Despite the fact that the International Labor Organization since 1919 has promulgated 184 International Conventions on a wide range of workplace inequities. most countries have operated with scant regard for, let alone adoption of those Conventions. In each of our countries we have applied our own domestic mix of law and practice to channel union, management, employment disputes into established procedures which were able to achieve resolution of those disputes whether through the use of law and the judicial system, or special labor courts, or through private dispute resolution systems. Even though none of our systems of dispute resolution has been perfect, they have usually been successful in forestalling greater conflict and unrest over unresolved claims of worker rights or workplace justice. We have had a distinct roster of players, a prescribed legal structure for resolving anticipated disputes and players who were usually committed to the resolution of their disputes and the continued operation of the economy in which they worked.

In the United States the dispute resolution system does not include works councils, industry councils, labor courts or multiple unionism. Rather we have a system, which provides trade union representation to a scant 12 % of the work force. The remainder of our 125,000,000 workers operates under the doctrine of termination at the employers’ option, with resort to the traditional legal and judicial system only on issues involving allegations of statutory violation. The parties traditionally use mediation and arbitration as the standard procedures for bringing resolution to collective bargaining disputes. Nonunionized employers often develop their own internal medition and arbitration structures for resolving employee complaints with or without employee option on access to the courts. Nevertheless, in our system as in yours, the established metes and bounds of our formal and informal structures have generally minimized industrial unrest and conflict, hopefully with an eye to protecting fairness in the workplace. Throughout this period we had little more than perhaps academic concern as to work practices in other nations.

PB - Fifth Asian Regional Congress of the International Industrial Relations Association L2 - eng UR - http://www.law.harvard.edu/programs/lwp/people/staffPapers/zack/ArnoldZack_korean_paper.pdf ER - TY - BOOK T1 - Mediation and Arbitration of Employment Disputes Y1 - 1997 A1 - Dunlop, J. T. A1 - A. M. Zack KW - ADR KW - alternative dispute resolution KW - dispute resolution KW - employment relations KW - individual rights AB -

For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system. (publisher's statement)

PB - Jossey-Bass Publishers CY - San Francisco L2 - eng ER -