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Author: Walt Baer Publisher: McFarland ISBN: 1476606587 Category : Business & Economics Languages : en Pages : 265
Book Description
Today, 95 percent of all labor contracts in the United States provide for arbitration. Indispensable to sound contract management, arbitration orchestrates the resolution of disputes by a neutral third party. Since parties who reach the process of arbitration are no longer interested in compromise or mutual accommodation, arbitrators, unlike mediators, do not have to work out arguments or propose possible solutions. They simply hear evidence and make a decision based on the facts as presented—without being bound by rules of evidence or precedents. For both sides, the key to a successful outcome lies in their advocates’ ability to present and document their case. Providing guidance for labor and management advocates, this resource guide contains a practical analysis of arbitration from the participant side with a view to avoiding the problems and pitfalls of the process. Written for those who do not deal with the intricacies of arbitration on a day-to-day basis yet have a responsibility to their company should such situations arise, it begins with the very basics of the arbitration concept, including discipline and discharge procedures. It then provides detailed guidelines for presenting an organization’s position effectively, and it discusses important principles and practices every advocate should know. Additional topics include grievance procedure time limits; methods for researching and selecting the arbitrator; and recommendations regarding witness conduct. Practices of the actual arbitration such as objections, admissible evidence and credibility of evidence are also discussed. Extensive references to pertinent statutes and case law round out this informative guide.
Author: Walt Baer Publisher: McFarland ISBN: 1476606587 Category : Business & Economics Languages : en Pages : 265
Book Description
Today, 95 percent of all labor contracts in the United States provide for arbitration. Indispensable to sound contract management, arbitration orchestrates the resolution of disputes by a neutral third party. Since parties who reach the process of arbitration are no longer interested in compromise or mutual accommodation, arbitrators, unlike mediators, do not have to work out arguments or propose possible solutions. They simply hear evidence and make a decision based on the facts as presented—without being bound by rules of evidence or precedents. For both sides, the key to a successful outcome lies in their advocates’ ability to present and document their case. Providing guidance for labor and management advocates, this resource guide contains a practical analysis of arbitration from the participant side with a view to avoiding the problems and pitfalls of the process. Written for those who do not deal with the intricacies of arbitration on a day-to-day basis yet have a responsibility to their company should such situations arise, it begins with the very basics of the arbitration concept, including discipline and discharge procedures. It then provides detailed guidelines for presenting an organization’s position effectively, and it discusses important principles and practices every advocate should know. Additional topics include grievance procedure time limits; methods for researching and selecting the arbitrator; and recommendations regarding witness conduct. Practices of the actual arbitration such as objections, admissible evidence and credibility of evidence are also discussed. Extensive references to pertinent statutes and case law round out this informative guide.
Author: Charles S. Loughran Publisher: BNA Books (Bureau of National Affairs) ISBN: Category : Business & Economics Languages : en Pages : 592
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.
Author: Jay E. Grenig Publisher: Juris Publishing, Inc. ISBN: 1933833823 Category : Arbitration, Industrial Languages : en Pages : 198
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.
Author: Jay E. Grenig Publisher: Butterworth-Heinemann ISBN: Category : Arbitration, Industrial Languages : en Pages : 64
Book Description
This hands-on guide discusses each vital stage of the labor arbitration process, stressing the practical techniques and tactics essential for success. Effective methods for preparing a case, examining witnesses, introducing exhibits and making arguments are detailed, as well as different approaches that can be used in arbitration hearings.
Author: American Arbitration Association Publisher: Juris Publishing, Inc. ISBN: 193383353X Category : Law Languages : en Pages : 358
Book Description
The AAA Handbook on Labor Arbitration – 2nd Edition begins with chapters on specific issues related to labor arbitration, including an analysis of factors present in challenged and vacated arbitration awards, job discrimination claims under collective bargaining agreements, and ambiguities in labor contracts. The practitioner is provided with information regarding labor arbitration procedures, including a discussion of the rules of evidence, grievance processing, public policy exceptions to labor arbitration awards, and Weingarten rights in the non-union workplace. Among the topics discussed are what arbitrators should know about arbitral immunity, suggestions for labor arbitration advocates, award writing, and how unions can improve their success rate in labor arbitrations. Lastly, this book addresses judicial review of labor arbitrations. Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific issues related to labor arbitration, including an analysis of factors present in challenged and vacated arbitration awards, job discrimination claims under collective bargaining agreements, and ambiguities in labor contracts. The practitioner is provided with information regarding labor arbitration procedures, including a discussion of the rules of evidence, grievance processing, public policy exceptions to labor arbitration awards, and Weingarten rights in the non-union workplace. Among the topics discussed are what arbitrators should know about arbitral immunity, suggestions for labor arbitration advocates, award writing, and how unions can improve their success rate in labor arbitrations. Lastly, this book addresses judicial review of labor arbitrations. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: Andrea Dooley Publisher: ISBN: 9781735328317 Category : Languages : en Pages :
Book Description
Labor-management professionals, such as union representatives and human resource specialists in unionized industries, who seek to understand the nuts and bolts of labor arbitration practice and want to improve their skills in arbitration hearings will find this practical guide accessible and full of tips for presenting a winning case at arbitration.Unlike other books on the subject of labor arbitration, this book provides practical guidance in an approachable format along with thought-provoking ideas for making arbitration more efficient and effective. The reader will quickly gain the knowledge and confidence they need to present, and win, their case.
Author: Clarence R. Deitsch Publisher: Praeger ISBN: Category : Business & Economics Languages : en Pages : 208
Book Description
Designed specifically for labor management advocates and their clients in the public sector, this book is a comprehensive yet practical guide to the arbitration of grievances in public employment. The authors, both experienced arbitrators themselves, offer step-by-step advice on the preparation and presentation of arbitration cases and provide a detailed description of effective grievance resolution through the effective use of the grievance procedure. Written in a style accessible to those without substantial academic training in labor relations law, the volume's purpose is to equip the practitioner to represent his or her respective constituents effectively in the private system of industrial jurisprudence. Although it focuses particularly on grievance administration and arbitration in state and local government, the concepts and techniques presented are equally appropriate for those working in the federal or private sectors. Following an introduction, the authors review various state bargaining statutes governing the arbitration of grievance disputes and look at the grievance process as a prelude to arbitration. They go on to examine the institution of arbitration, focusing primarily upon the administrative agencies, the arbitrators, and the legal environment within which labor relations advocates must work. Subsequent chapters treat procedural and evidential issues common to arbitration, the arbitration of discharge and disciplinary matters, contract interpretation issues, and the decision making of neutrals and what can or cannot reasonably be expected of arbitrators. In their conclusion, the authors make the case for rights arbitration as the preferred method of dispute resolution. Five appendices contain information critical for the practitioner not normally available in a single source: the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes; the Rules of the American Arbitration Association and the Procedures of the Federal Mediation and Conciliation Service; and sample arbitration awards issued in real-life cases.
Author: Walt Baer
Author: Walt Baer
Author: Norman Brand
Author: Charles S. Loughran
Author: Jay E. Grenig
Author: Jay E. Grenig
Author: American Arbitration Association
Author: Francis J. Loevi
Author: Andrea Dooley
Author: Clarence R. Deitsch
Author: Robert Coulson