Dispute Resolution and Arbitration Commons^™

Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie

Innis Christie Collection

Union grievance dated December 22, 1998, alleging breach of Articles 3, 5, 8, 19, 49.1 and 53.1 of the Collective Agreement between the parties effective April 1, 1996 to March 31, 1999, and in particular of Articles 5.3, 19.3 and 19.8. in that the Employer assigned an employee in the bargaining unit for which the Union of Public Sector Employees is bargaining agent to a position in the bargaining unit for which the Grievor Union is bargaining agent, allegedly wrongly imposing on that Union a duty to accommodate under the P.E.I. Human Rights Act, R.S.P.E.I. 1988, c. H-12. The Grievor …

Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner

University of Arkansas at Little Rock Law Review

No abstract provided.

Cpaa V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievances alleging breach of the Collective Agreement between the parties in respect of the Revenue Postal Operations Group (All Employees) bearing the expiry date 30 June, 1998, which the parties agreed applies here, and in particular of Article 11, in that the Third Party, Louise Harris was promoted to the position of Postmaster in Kingston, N. S., although allegedly, by retroactive effect, at the relevant time she was not eligible to apply for the position. The Union takes no position on the Grievance. Each of the Grievors seeks promotion to the position of Postmaster in Kingston, N. S., with …

Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone

Cornell Law Faculty Publications

Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union national policy grievance dated November 25, 1998, alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, and in particular of Article 12, in that in announcing the creation of its "Simplified Registered Mail Service" project, the Employer indicated that new positions created under this project would not be preferred assignments although, the Union alleges, the work in question corresponds with the duties of a preferred assignment within the meaning of Article 12. The Union requests a declaratory decision that the work in question be performed in registration sections by PO4's in preferred assignments, …

Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson

Villanova Law Review (1956 - )

No abstract provided.

Compelling Arbitration Of Claims Under The Civil Rights Act Of 1866: What Congress Could Not Have Intended, Jean R. Sternlight

Scholarly Works

The Civil Rights Act of 1866 was a very special statute, designed at minimum to eliminate all "badges and incidents of slavery" and to ensure that the freed slaves would be provided with civil rights equal to those of white persons. Its enforcement depends on the availability of a neutral public system of justice. Private arbitration cannot assure these characteristics. Thus, courts should not enforce agreements to arbitrate future disputes that may arise under this statute. This Article, however, does not argue that arbitration of claims under the Civil Rights Act of 1866 should be prohibited altogether. Disputants who mutually …

A Negotiation Analysis Of Mandatory Arbitration Contracts, Miriam A. Cherry

Faculty Publications

(Excerpt)

In Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc. the First Circuit addressed whether a pre-dispute mandatory arbitration contract covered employment claims under Title VII and the Age Discrimination in Employment Act (ADEA) and was thus enforceable. The court held that while these types of arbitration contracts are theoretically enforceable, this particular contract was not. The First Circuit determined that the 1991 Civil Rights Act and the Older Worker's Benefit Protection Act did not preclude the enforcement of mandatory arbitration contracts, and that there was an insufficient showing of arbitral bias to prevent the contract's enforcement. The court, …

Arbitration And Beyond: Avoiding Pitfalls In Drafting Dispute Resolution Clauses In Employment Contracts, Nancy A. Welsh

Faculty Scholarship

Article Extract:

You've just helped a mid-sized company, Allwell Corp., to reach a settlement in an action brought by a disgruntled former employee. The CEO turns to you and says, "Even though I still believe that we didn't do anything wrong, I'm glad this lawsuit is over. I can't believe how much money and time we've wasted in defending ourselves. Now, how can we keep this from happening in the future? I've been reading about companies putting arbitration clauses in all kinds of contracts. I want to know whether we can require our employees to arbitrate and maybe even require …

Catca V Nav Canada, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between The Treasury Board of Canada and The Canadian Air Traffic Control Association, signed August 30, 1991 for the period January 1, 1991 - December 31, 1993, as amended by the Memoranda of Understanding between The Canadian Air Traffic Control Association and NAV Canada dated December 13, 1996, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Articles 16 and 17, in that the Employer advised that only two controllers would be permitted to be on leave during each shift cycle under the 1998 summer …

Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065 (Colpitts), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties dated July 3, 1997, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Article 9:03(d), in that the Employer denied the Grievor Long-Term Disability benefits. The Grievance requested "full redress".

Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges

Law Faculty Publications

This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …

Not-So-Arbitrary Arbitration: Using Title Vii Disparate Impact Analysis To Invalidate Employment Contracts That Discriminate, Miriam A. Cherry

Faculty Publications

(Excerpt)

On May 20, 1996, three women filed a sexual harassment and discrimination lawsuit against the Wall Street investment firm Smith Barney. Later joined by twenty additional women, the plaintiffs alleged that Smith Barney failed to hire and promote women, created a hostile work environment, and discriminated on the basis of pregnancy and marital status. The lawsuit quickly gained widespread publicity, most notably for its accusation that the former manager of the Garden City, New York, branch had established a fraternity-like "boom-boom room" in the office basement where female employees were either excluded or harassed if allowed to enter. On …

Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Arbitration: Time Limits And Continuing Violations, Richard I. Bloch

Michigan Law Review

Time limits in a collective bargaining agreement, particularly as they apply to the grievance procedure, are very important. Filing or processing deadlines are taken as seriously in the context of these private documents and negotiated time limits as they are in the world of standard litigation, with deadlines that are imposed statutorily or otherwise. Management advocates often view the time limitation provisions as virtually the only thing employers gain, as opposed to give, in the bargaining relationship. Deadlines have been strictly, if reluctantly, construed by most arbitrators. The "continuing violation" provides a meaningful exception to the otherwise immutable time bar. …

Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine

Articles

One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace disputes. Typically, an employer will make it a condition of employment that employees must agree to arbitrate any claims arising out of the job, including claims based on statutory rights against discrimination, instead of going to court. On the face of it, this is a brazen affront to public policy. Citizens are being deprived of the forum provided them by law. And indeed numerous scholars and public and private bodies have condemned the use of mandatory arbitration. Yet the insight of that …

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

Innis Christie Collection

Union grievance dated November 13, 1996 alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, and in particular of Article 10.01 in that the Employer discharged the Grievor without just, reasonable and sufficient cause. On behalf of the Grievor the Union requests that he be reinstated and compensated for all lost rights, earnings and benefits, with interest. At the hearing the Union submitted that a suspension of six months, the period for which the Grievor had then been off work, be substituted.

A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole

BYU Law Review

No abstract provided.

Re Strait Crossing Joint Venture And Iuoe, Innis Christie

Innis Christie Collection

Union Grievance concerning calculation of overtime pay. Grievance dismissed.

Union grievance alleging breach of Articles 17, 19, and Appendices "A", "B", "C", "D", and "E" the Collective Agreement between the Unions and the Employer dated September 17, 1993, which the parties agreed is the Collective Agreement that governs this matter, in that the Employer paid overtime improperly. The Unions requested that the Employer be ordered to pay overtime in full, with interest.

Re Pictou District School Board And Nstu, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Professional Agree­ment between the Board and the Union made on June 29, 1990, which the parties agreed is the relevant collective agreement here, in that, without proper cause, the Board demoted the Grievor from the posi­tion of Vice-Principal of Trenton High School to the position of teacher. The parties agreed that the grievance was properly filed and is before me in accordance with Article 2 of the Professional Agree-ment. The Union requests an order that the Grievor be reinstated as Vice-Principal and be paid the difference between what he has been paid as a …

Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065, Innis Christie

Innis Christie Collection

Union policy grievances alleging breach of the Collective Agreement between the Union and T.C.C. Bottling Ltd., amended and kept in force between these parties by the Memorandum of Agreement dated October 19, 1993, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Articles 2, 8, 13 and 22, in that the Employer employed people who were not union members to do bargaining work in the service department. The Union requested that the Employer be ordered to pay damages to employees on lay-off who should have done the work in question.

The Law Of Arbitration, Theodore J. St. Antoine

Book Chapters

The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …

Expanding Judicial Review To Encourage Employers And Employees To Enter The Arbitration Arena, 30 J. Marshall L. Rev. 1099 (1997), Anthony J. Jacob

UIC Law Review

No abstract provided.

Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman

Other Publications

The following is an edited transcript of the proceedings of the joint meeting of the Employment Discrimination Law and Alternative Dispute Resolution Sections at the AALS Annual Meeting, Washington, D.C., January 7, 1997.

Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine

Articles

Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …

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

Innis Christie Collection

This is a Union grievance in which it is asserted that the Employer continued to employ a Part-time Mail Service Courier although he refused to become a member of the Union. The Employer has checked off and remitted his dues to the Union. The Union's position is that in continuing to employ him under those circumstances, the Employer is in breach of the Collective Agreement and requests an order that the Employer terminate this employee if he does not become a member.

Faculty Association Of The University Of St Thomas V St Thomas University, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties for the period July 1, 1994 to June 30, 1997, which counsel agreed governs this matter, in that the University refused to acknowledge that the Grievor was on sick leave for the period in issue. The grievance requested a declaration mat the Grievor was on sick leave for that period. At the start of the hearing the parties agreed that I am properly seized of this matter, that I should remain seized after the issue of this award to deal with all issues arising directly from its application and …

Farris V Merks Farms Ltd, Innis Christie

Innis Christie Collection

The Complainant, David Farris, alleges that he was dismissed unjustly by the Employer, Merks Farms Ltd., with whom he had been employed since July 1, 1986, as a truck driver. The Employer, a family owned corporation, which operates a trucking company and a variety of farming operations, employing, in all, about seventy people, responds that he was justly dismissed for incapacity to work due to a bad back, after the exhaustion of his short term disability entitlements. There was little dispute about most of the relevant facts, although there were differences about how much contact the Complainant had maintained with …

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Claiming Private Law For The Left: Exploring Gilmer's Impact And Legacy, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The left should not be so quick to condemn private arbitration of statutory rights for two primary reasons. First, although these processes have historically been seized by employers as an efficient, less costly alternative to litigation devoid of due process safeguards, there is nothing inherent in private arbitration to prevent making the process fairer for employees. Second, there is a substantial payoff that justifies the work required by those on the left to transform these processes for the betterment of employees. That payoff is greater access to justice. Private arbitration holds the potential to eliminate institutional barriers that block access …