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Labor and Employment Arbitration, Second Edition

This authoritative treatise provides coverage of the major procedural, substantive, and legal aspects of labor and employment arbitration.
Publisher: Matthew Bender
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2nd Edition
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ISBN: 9781579117184
Publisher: Matthew Bender
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Book Edition: 56

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This latest edition of Labor and Employment Arbitration, first published in 1988, is an indispensable guide to all aspects of labor and employment arbitration. Substantially revised to give greater in-depth coverage and with contributions from experts in the field, this authoritative treatise provides:

• Coverage of the major substantive and procedural aspects of labor and employment arbitration
• Detailed treatment of such areas as sexual harassment, workplace violence, drugs and alcohol, leaves of absence, disabilities, subcontracting, bargaining unit disputes, and other areas
• Separate chapters on special arbitration issues in selected industries and the public sector, including education, health care, the entertainment industry, and public sector interest arbitration

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Table of Contents

INTRODUCTION 



PART I THE ARBITRATION PROCESS AND ARBITRABILITY

Chapter 1 The Arbitration Hearing: Administration, Conduct and Procedures

Chapter 2 Discovery and the Duty to Disclose

Chapter 3 Arbitration Advocacy

Chapter 4 Witnesses

Chapter 5 Evidence in Arbitration

Chapter 6 The Use of Arbitral Subpoenas

Chapter 7 Tripartite Arbitration

Chapter 8 Challenges to Arbitrability



PART II THE CONTRACT INTERPRETATION PROCESS, MANAGEMENT RIGHTS, AND UNION RIGHTS

Chapter 9 Contract Interpretation and Respect for Prior Proceedings

Chapter 10 Past Practice, Maintenance of Benefits, and Zipper Clauses

Chapter 11A Management Rights: Overview and Case Review

Chapter 11B Management Rights: Common Issues

Chapter 12 Union Rights and Obligations

Chapter 13 [Reserved]



PART III SUBSTANTIVE ISSUES IN ARBITRATION

Chapter 14 Just Cause and Progressive Discipline

Chapter 15 Due Process in Arbitration

Chapter 16 Common Causes of Discipline


Chapter 16A: Arbitration in Cyberspace: Issues Involving New Technologies




Chapter 17 Absenteeism and Tardiness

Chapter 18 Drug and Alcohol Issues

Chapter 19 Violence

Chapter 20 Theft

Chapter 21 Sexual Harassment

Chapter 22 Non-Disciplinary Termination

Chapter 23 Disabled Workers

Chapter 24 Bargaining Unit Disputes

Chapter 25 Subcontracting

Chapter 26 Strike-Related Issues

Chapter 27 Job Bids, Promotions and Transfers

Chapter 28 Layoffs, Bumping, and Recall

Chapter 29 Work Schedules and Compensation for Work-Related Time

Chapter 30 Leaves of Absence

Chapter 31 Vacations and Vacation Pay

Chapter 32 Holidays and Holiday Pay

Chapter 33 Overtime

Chapter 34 Compensation Systems and Job Evaluations

Chapter 35 Sickness, Accident, and Health Benefits

Chapter 36 Health and Safety

Chapter 37 Smoking in the Workplace

Chapter 38 Miscellaneous Employee Benefits

Chapter 39 Remedies

Chapter 40 [Reserved]



PART IV ARBITRATION AND EXTERNAL LAW

Chapter 41 Actions to Stay and Compel Arbitration

Chapter 42 Judicial Review of Labor Arbitration Awards

Chapter 43 NLRB Deferral Policies

Chapter 44 Arbitration And External Law



PART V ARBITRATION OF INDIVIDUAL EMPLOYMENT DISPUTES

Chapter 45 The Arbitration of Individual Employment Disputes

Chapter 46 [Reserved]



PART VI ARBITRATION IN THE PUBLIC SECTOR AND SPECIALIZED SECTORS

Chapter 47 Public Sector Scope of Bargaining and Arbitrability

Chapter 48 Public Sector Interest Arbitration and Fact Finding: Standards and Procedures

Chapter 49 Arbitration of Disputes Involving Teachers

Chapter 50 Higher Education Arbitration

Chapter 51 Arbitration of Disputes Involving Police and Firefighters

Chapter 52 Arbitration in the Health Care Field

Chapter 53 Arbitration in the Entertainment Industry

Chapter 54 MEPPAA Withdrawal Liability