Dispute Resolution and Arbitration Commons^™

From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier

University of Michigan Journal of Law Reform

A growing body of empirical research explores the use of arbitration to resolve employment disputes, typically by comparing arbitration to litigation using relatively traditional outcome measures: who wins, how much, and how quickly. On the whole, this research suggests that employees fare reasonably well in arbitration. Yet there remain sizeable gaps in our knowledge. This Article explores these gaps with two goals in mind. The first and narrower goal is to explain why it remains exceedingly difficult to assess the relative fairness of arbitration and litigation. The outcome research does not account for a variety of 'filtering" mechanisms that influence …

Arbitration Costs And Forum Accessibility: Empirical Evidence, Christopher R. Drahozal

University of Michigan Journal of Law Reform

In this Article, written for this symposium issue on "Empirical Studies of Mandatory Arbitration," I examine the available empirical evidence on these two questions. I take "mandatory arbitration" to refer to pre-dispute arbitration clauses in consumer and employment (and maybe franchise) contracts. Accordingly, I limit my consideration of the empirical evidence to those types of contracts. I do not discuss empirical studies of international arbitrations, which almost always arise out of agreements between commercial entities. Nor do I discuss empirical studies of court-annexed arbitrations, which may not derive from party agreement and do not ordinarily proceed to a binding award.

Brief Amicus Curiae Of The National Academy Of Arbitrators In Support Of Respondents, 14 Penn Plaza V. Pyett, No. 07-581 (U.S. June 27, 2008), James Oldham

U.S. Supreme Court Briefs

No abstract provided.

Canadian Media Guild V Canadian Broadcasting Corp, Innis Christie

Innis Christie Collection

The Union alleged a breach of the Collective Agreement because the Employer was hiring a large number of temporary employees and not posting the positions as permanent vacancies. This preliminary hearing dealt with the question of who had the onus of proof. The Union believed that the Employer needed to provide that proof.

The preliminary objection fails. The Union must prove its case, but the Employer must disclose the needed information.

Re Canada Post Corp And Cupw (036-03-00022), Innis Christie

Innis Christie Collection

Union grievance, submitted on September 20, 2006, on behalf of all affected employees alleging breach of Article 39 05 (e) and (f) of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer failed to offer overtime hours as required by those provisions. The Union sought an order that the Employer pay damages to compensate the affected employees.

Re Canada Post Corp And Cupw (066-07-00001), Innis Christie

Innis Christie Collection

Union grievance, submitted on August 29, 2007, on behalf of all affected employees alleging breach of Articles 11,13 and 52 in that the Employer failed to fill a vacant RLC position. The Union sought an order that the Employer grant full redress to the employee who should have been given the RLC position.

Nlnu V Eastern Regional Integrated Health Authority, Innis Christie

Innis Christie Collection

This is a policy grievance regarding the Employer's Attendance Management Program. The Union does not believe some sections conform with the Collective Agreement. The Employer is willing to accept guidance if some aspect of the Program is inconsistent with the Agreement.

The grievance succeeds in part. The grievance is dismissed except that the Employer is directed to amend the written policy to reflect the manner in which the policy is actually applied. Jurisdiction is retained to assist with the implementation of the award, if needed.

Ufcw, Local 1288p V Maple Leaf Consumer Foods Moncton Ltd, Innis Christie

Innis Christie Collection

The Grievor was discharged for innocent absenteeism. The Union believes this was without just cause and that the Employer failed to sufficiently accommodate the Grievor. Reinstatement was initially requested as remedy, but the Grievor had found other employment and requested compensation instead.

Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Who Can Be Against Fairness? The Case Against The Arbitration Fairness Act, Peter B. Rutledge

Cardozo Journal of Conflict Resolution

In this brief essay, I hope to lay out the case against the Arbitration Fairness Act. Part I of this Article addresses the "findings" on which the act is premised. It explains how in several respects the current research on arbitration flatly contradicts the premises animating those findings (in other respects, the data is incomplete, so the "findings" at best are better described as "untested hypotheses" or "assumptions"). Part II of this Article explains why postdispute arbitration is not a viable alternative to our present system of enforceable predispute arbitration clauses.

Mandatory Arbitration: Why It's Better Than It Looks, Theodore J. St. Antoine

Articles

"Mandatory arbitration" as used here means that employees must agree as a condition of employment to arbitrate all legal disputes with their employer, including statutory claims, rather than take them to court. The Supreme Court has upheld the validity of such agreements on the grounds that they merely provide for a change of forum and not a loss of substantive rights. Opponents contend this wrongfully deprives employees of the right to a jury trial and other statutory procedural benefits. Various empirical studies indicate, however, that employees similarly situated do about as well in arbitration as in court actions, or even …

Cep V Bell Aliant Regional Communications Llp, Innis Christie

Innis Christie Collection

This is a Union grievance regarding the scheduling of part-time employees and whether temporary student employees should be regarded as part-time for scheduling. The student's total annual work hours could be reduced under the Union's interpretation. The Employer does not include student employees as 'part-time' in the interpretation of the collective agreement.

Re Canada Post Corp And Cupw (Stone), Innis Christie

Innis Christie Collection

The Grievor refused to work in what she considered an unsafe situation. After the Employer investigated she was ordered to return to work. Her refusal resulted in a two day suspension. The letter of suspension indicates that the Employer's decision was, in part, based on a similar suspension in her personal file, which is also being grieved. The Union claims the suspension was without just cause and wants the Employer to pay damages for what was lost as a result of the suspension and removal of all related documents in the personal file.

Re Canada Post Corp And Cupw (Morgan), Innis Christie

Innis Christie Collection

The Grievor was suspended with pay until a complaint by a co-worker could be investigated. The complaint dealt with a conversation regarding serial killers, which upset the co-worker and caused the Employer to be concerned about workplace safety. After the investigation the Grievor was placed on sick leave until she could provide medical proof that she was not a danger to her co-workers. The Union believes the Employer breached the collective agreement by imposing the suspension without just cause and, as remedy, wants the Employer to pay damages to compensate the Grievor for what was lost by the suspension, a …

Re Canada Post Corp And Cupw (Morgan), Innis Christie

Innis Christie Collection

The Grievor was suspended for inappropriate behaviour towards co-workers. The Union claims the three day suspension was without just, reasonable and sufficient cause and sought a remedy which would pay damages due to the suspension and removal of all related documents from the Grievor's personal file.

The grievance succeeds in part. Discipline was appropriate. There was nothing in the Grievor's personal record to support a three day suspension and one of the complaints warranted no discipline. The suspension is reduced to two days and the Grievor is to be compensated for losses resulting from the third day.

Re Canada Post Corp And Cupw (Morgan), Innis Christie

Innis Christie Collection

The Grievor was given a three day suspension (two waived, one served) for inappropriate behaviour and comments to both a co-worker and a supervisor. The Union claims the Employer breached the collective agreement by not following prescribed procedure and depending on hearsay evidence. As remedy the Union wanted the Employer to pay damages for what was lost due to the suspension and removal of all related documents from the Grievor's personal file.

Re Air Canada And Acpa (Thain), Innis Christie

Innis Christie Collection

The Grievor alleged that the Employer breached the Collective Agreement when it dismissed him after a criminal conviction. The parties requested a "bottom-line decision, without reasons".

This is a consent award. The Grievor is reinstated to employment effective immediately with a Leave of Absence status. The suspension, which occurred before the discharge, is rescinded. While on Leave of Absence the Grievor will not accrue pay or other compensation, but will retain his position on the seniority list. There will be a one year trial period. During this time a number of conditions must be addressed by the Grievor. Jurisdiction is …

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

This is a supplementary award. The parties could not agree on the interpretation of a consent award issued the day before this grievance. The issue being the length of time the Grievor was to remain free of illegal drug use. The Union said the 24 months mentioned in the award; the Employer said indefinitely. The counsel for the Employer also suggested that the Arbitrator did not have jurisdiction to decide the matter.

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

The Grievor had previously been reinstated to her position, with certain conditions. This grievance was submitted by the Union after the Grievor was again discharged for a positive drug test. The parties agreed to a consent award.

This is a consent award. A "last chance" reinstatement is ordered for the Grievor with numerous conditions, which include a treatment program. Jurisdiction is retained regarding any further alleged breach, but not to modify penalty.

Arbitrating Employment Law Disputes, William L. Corbett

Montana Law Review

Arbitrating Employment Law Disputes

University Of Prince Edward Island Faculty Association V University Of Prince Edward Island, Innis Christie

Innis Christie Collection

Member Grievance dated November 10, 2006, alleging that the Employer violated Article G1.3a) of the Collective Agreement between the parties, effective May 12, 2006 and expiring June 30, 2010, which the parties agreed is the Collective Agreement applicable here. In the Grievance the Union grieves "the Employer's violation of hiring procedures for sessional instructors", which resulted in the Grievor not being offered a sessional contract to teach [Retracted] for the Spring semester of the academic year 2006/7. The Union seeks a declaration that the Employer violated the Collective Agreement and an order that the Grievor be fully compensated for loss …

Cep V Bell Aliant Regional Communications Llp, Innis Christie

Innis Christie Collection

This is a policy grievance brought by the Union because the Employer refused to allow employees, who were accepting an early retirement package, to include outstanding vacation time as time served. The Union wanted the remedy to include a recalculation of entitlement for the relevant employees, a declaration that the Employer had violated the Agreement and an order that eligible employees be allow to reconsider their choices based on this decision. The Employer's interpretation hinged on the fact that the departure date was subject to the Employer's approval.

Re Halifax Employers Assn And Halifax Longshoremen's Assn, Local 269, Ila, Innis Christie

Innis Christie Collection

The Union believes the Employer breached the Collective Agreement by submitting the dispatch listing seeking workers twelve minutes late. The Employer believed there was a two hour range, thus the dispatch was not late and no loss was suffered by the Union members. As remedy the Union wants payment of members who might have been assigned from the 'hall' or payment into the Union trust fund.

The grievance succeeds in part. The dispatch under consideration was twelve minutes late. Thus the Employer did breach the Agreement. However, no financial loss was demonstrated and the Collective Agreement does not require a …

Extending The Reach Of The Chinese Labor Law: How Does The Supreme People's Court's 2006 Interpretation Transform Labor Dispute Resolution, Jill E. Monnin

Washington International Law Journal

Chinese workers are taking advantage of the dispute resolution tools that legal reform has provided in the past decade, including mediation, arbitration, and litigation. Despite a history of resolving disputes through informal mediation, more and more workers are relying on the new pathways of arbitration and civil suits in local courts. The 1993 Regulations on the Resolution of Enterprise Labor Disputes and the 1994 Labor Law facilitated workers’ access to formal legal forums. Then, in 2006, a Supreme People’s Court (“SPC”) interpretation made a number of important changes to the application of the Labor Law and workers’ access to dispute …

New York's Unwelcoming Harbor: The New York Convention's Inapplicability To Claims Arising From Seamen's Employment, Jarred Pinkston

Brigham Young University International Law & Management Review

No abstract provided.

Due Process In Employment Arbitration: The State Of The Law And The Need For Self-Regulation, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Independent Adjudication, Political Process, And The State Of Labor-Management Relations: The Role Of The National Labor Relations Board, William B. Gould Iv

Indiana Law Journal

William R. Stewart Lecture given at Indiana University School of Law-Bloomington on October 31, 2006.

Atu, Local 508 V Halifax (Regional Municipality), Innis Christie

Innis Christie Collection

The Grievor was terminated for inappropriate behaviour towards a female passenger. The Grievor did not believe the Employer had just cause and sought reinstatement with full wages and seniority, and the removal of all related documents from his personnel file.

The grievance succeeds in part. Given a previous disciplinary letter regarding similar behaviour, the Grievor should have known that his conduct was not acceptable. Discipline was justified, but dismissal was viewed as excessive in a situation where progressive discipline might be expected. The Grievor is reinstated with several conditions, and with one month suspension without pay. Jurisdiction is retained.

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

The Grievor was discharged for being absent without leave. The Union believed the Employer's action was without just, reasonable or sufficient cause. The requested remedy is full reinstatement, compensation of lost earnings and benefits, and removal of all related documents in the personnel file

The grievance succeeds in part. During the hearing the parties agreed to reinstate the Grievor, subject to a number of conditions, which are to be in effect for 24 months. Jurisdiction is retained.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The Grievor was dismissed for allegedly exposing himself and for not cooperating with the Employer's request for medical consultations. The Grievor denied the event occurred. The Union states that the dismissal was without just or sufficient cause and requests that the Grievor be fully reinstated and compensated for all lost earnings and benefits, and that all material relating to the matter be removed from his personnel file.