Business Commons^™

University Adjudications Of Sexual Assaults: A Lesson To Be Learned From Collective Bargaining Agreements, James Ottavio Castagnera

Journal of Collective Bargaining in the Academy

At one time, Title IX of the federal Higher Education Act was read only as requiring equal opportunity for female athletes in universities’ varsity sports programs. In 2011 the U.S. Department of Education announced a radically expanded reading of the law to include sexual misconduct. This has resulted in a proliferation of litigation against the universities. Since 2011, more than 150 lawsuits have been filed against colleges and universities involving claims of due-process violations during the course of Title IX investigations and proceedings related to sexual assault allegations. In the two decades preceding that year, only 15 such lawsuits were …

Ten Steps In Trial Preparation, Maureen Seidel

Journal of Collective Bargaining in the Academy

No abstract provided.

Arbitrability And Framing The Issue, Maureen Seidel

Journal of Collective Bargaining in the Academy

No abstract provided.

Grievance Processing And Arbitration, Howard Parish

Journal of Collective Bargaining in the Academy

No abstract provided.

Handout: Robert Ufberg, Esq., "Which Form Will Your Negotiations Take: Art, Drama, Combat, Or Symphony? Why, When And How To Exercise Each Option...And Sometimes More", Deborah Williams Esq.

Journal of Collective Bargaining in the Academy

Williams' handout is Robert Ufberg, Esq.,'s paper from the 2011 Proceedings of the National Center for the Study of Collective Bargaining in Higher Education and the Professions annual meeting.

Current State Of Management/Union Relations In Hospitality Sector, Helen Lavan, Marsha Katz

Helen LaVan

Labor management relations in the hospitality sector is an important aspect of effective management. Increasingly, unions are becoming proactive in organizing hospitality workers. This manifests itself in strikes, boycotts, picketing, sexual harassment complaints, and complaints to OSHA regarding safety and health workplace violations. This research monitors the current scene with respect to labor management relations and analyzes work issues that have been brought up for third-party resolution by NLRB staff or arbitrators. The study reports on 66 NLRB cases and 104 arbitration cases. Issues brought before the NLRB include mostly contract interpretations. In arbitration, there were mostly discipline issues, including …

Current State Of Management/Union Relations In Hospitality Sector, Helen Lavan, Marsha Katz

Hospitality Review

Labor management relations in the hospitality sector is an important aspect of effective management. Increasingly, unions are becoming proactive in organizing hospitality workers. This manifests itself in strikes, boycotts, picketing, sexual harassment complaints, and complaints to OSHA regarding safety and health workplace violations. This research monitors the current scene with respect to labor management relations and analyzes work issues that have been brought up for third-party resolution by NLRB staff or arbitrators. The study reports on 66 NLRB cases and 104 arbitration cases. Issues brought before the NLRB include mostly contract interpretations. In arbitration, there were mostly discipline issues, including …

The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare

David B Lipsky

[Excerpt] This article reports on the results of our recent study of 3,200 arbitration awards issued in employment cases administered under the auspices of FINRA, its predecessor the National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE). It responds to Colvin’s call for more empirical research while providing some data on the debate over the fairness of mandatory employment arbitration agreements in the securities industry. After disclosing the limitations of our study and presenting our findings with regard to the FINRA cases, we consider how these findings bear on the debate about mandatory arbitration, specifically whether …

Workplace Arbitration In The Current Economic Crisis, David B. Lipsky

David B Lipsky

[Excerpt] In the midst of our economic crisis, arbitrators are facing unprecedented challenges. As the financial implosion has spread from Wall Street to Main Street, we are hearing cases that require us to decide issues the parties never anticipated when their arbitration programs were established. Take labor-management arbitration as an example. Unlike in the past, when labor arbitrators sometimes had to decide whether a layoff complied with the collective bargaining agreement, today they are addressing the repercussions of mass layoffs resulting from plant shutdowns. Similarly, in previous years, labor arbitrators frequently decided cases dealing with alleged infractions of Title VII …

An Empirical Study Of Employment Arbitration: Case Outcomes And Processes, Alexander Colvin

Alexander Colvin

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) …

Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin

Alexander Colvin

[Excerpt] Arguably the leading issue for current labor law research is whether the existing system of law based on the Wagner Act model can continue to be relevant and appropriate for the contemporary workplace. Changes in the environment of work during the over half-century since this model was developed have brought pressures for re-evaluation and adaptation of key elements of its structure. Criticism of this system has focused on a number of areas, including: the reliance on the formal grievance procedure and arbitration; the separation of the realms of collective bargaining and business decision making; the limitations on employee participation …

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Do Major League Baseball Hitters Come Up Big In Their Contract Year?, Heather M. O'Neill, Matthew J. Hummel

Business and Economics Faculty Publications

In sports, especially baseball, there is a lot of talk about contract year performance. Beginning in spring training and continuing throughout the season, sports journalists and fans converse about how players in the last year of their contract will perform. Experts in the media, often ex-baseball players themselves, speculate contract year players will have break-out seasons in order to secure a better contract in upcoming contract negotiations. This leads to the question: do baseball players increase their effort and performance during their contract year to increase the value of their next contract?

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …

Making Your Goals Clear, Ken Margolies

Ken Margolies

[Excerpt] Lack of definition can make people confused, agitated and sometimes even hostile. These disastrous consequences are avoidable. Here are some examples that show how lack of definition can get in a steward's way — and what can be done about it.

A Study Of Regulatory Intervention In Labor-Management Relations: School Desegregation In Los Angeles, Dade County, And Boston, Harry C. Katz

Harry C Katz

"This article analyzes the interaction between public school desegregation and labor relations in Los Angeles, Dade County, and Boston. First enumerating the ways in which desegregation led to specific changes in either personnel policies or collective bargaining agreements in the three school systems, then providing an evaluation of the performance of the court’s regulatory intervention within labor management relations in the three school systems. After comparing regulatory performance, the factors that influence the observed variations in performance are assessed. A distinction is found between those causal factors that are ‘environmental’ and those that are under the direct control of the …

Discipline And Due Process In The Workplace, Edwin B. Dean

Hospitality Review

In the article - Discipline and Due Process in the Workplace – by Edwin B. Dean, Assistant Professor, the School of Hospitality Management at Florida International University, Assistant Professor Dean prefaces his article with the statement: “Disciplining employees is often necessary for the maintenance of an effective operation. The author discusses situations which require discipline and methods of handling employees, including the need for rules and due process.”

In defining what constitutes appropriate discipline and what doesn’t, Dean says, “Fair play is the keystone to discipline in the workplace. Discrimination, caprice, favoritism, and erratic and inconsistent discipline can be costly …