The Employers And Compulsory Arbitration Book PDFs/Epub
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Author : Richard A. Bales
Category : Law
Publisher : Cornell University Press
Published : 2019-06-07
Type : PDF & EPUB
Page : 248
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Description: This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.
Details Book
Author : D. H. Plowman
Category : Business & Economics
Publisher : Cambridge University Press
Published : 1989-07-13
Type : PDF & EPUB
Page : 290
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Description: An illumination of the unique Australian arbitration and labour relations system.
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Author : Christopher J. Bruce
Category : Law
Publisher : Routledge
Published : 2021-03-04
Type : PDF & EPUB
Page : 218
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Description: First published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.
Details Book
Author : John R. Niland
Category : Arbitration, Industrial
Publisher : Kensington, Australia : New South Wales University Press, 1978, cover 1979.
Published : 1978
Type : PDF & EPUB
Page : 188
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Description: Monograph on the need for collective bargaining to complement compulsory arbitration in Australia - analyses role of trade unions in effective dispute settlement, discusses equitable wage structures, legal aspects and prospects of bargaining in australia, and includes a questionnaire, management attitudes and recommendations. Bibliography pp. 167 to 174 and statistical tables.
Details Book
Author : Pat Lowry
Category : Business & Economics
Publisher : Palgrave Macmillan
Published : 1990-04-17
Type : PDF & EPUB
Page : 232
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Description: Industrial conflict has been well documented; dispute resolution much less so. In this book, Pat Lowry evaluates the work of conciliations and arbitrations. He critically examines the value of courts of inquiry and traces the development of pay review bodies and wages councils. He writes, too, of the little publicised work of the TUC in sorting out problems between member unions. Pat Lowry covers the events leading to the expulsion of the Electricians' Union from the TUC and he casts an expert's eye over such new developments as single union agreements and pendulum arbitration.
Details Book
Author : Lamar Taney Beman
Category : Arbitration, Industrial
Publisher :
Published : 1915
Type : PDF & EPUB
Page : 222
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Description:
Details Book
Author : David H. Plowman
Category : Arbitration, Industrial
Publisher :
Published : 1982
Type : PDF & EPUB
Page : 48
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Description:
Details Book
Author : Richard A. Bales
Category :
Publisher :
Published : 2012
Type : PDF & EPUB
Page : 0
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Description: Federal and state reporters are filled with examples of lopsided arbitration agreements drafted by employers with the apparent intent of discouraging employees from successfully bringing valid claims. The case reporters contain far fewer examples of employment dispute resolution programs that are carefully designed to ensure that employees receive a fundamentally fair forum for the resolution of their employment disputes, for the obvious reason that employees are less likely to challenge these programs. Similarly, most scholarly commentary focuses on the overall merits and demerits of employment arbitration, or on problems posed by particular provisions often found in employment arbitration agreements, but not on employment dispute resolution programs that are designed with an eye toward employee fairness. Both the case law and the legal commentary, therefore, provide an arguably distorted picture of extant employment dispute resolution programs - from these perspectives, all the apples look rotten. This article begins from the premise that much can be learned from closely examining a well-drafted and -implemented employment dispute resolution program. Such a program can (1) provide scrupulous employers with a model for drafting fair, ethical, and enforceable dispute resolution programs; (2) provide a benchmark to courts in their decisions of whether to enforce other employment dispute resolution programs; and (3) serve as a reminder that not all the arbitral apples are rotten. This article examines in detail the Dispute Resolution Program of Anheuser-Busch, and finds that it is possible for an employment dispute resolution program culminating in binding arbitration simultaneously to serve (1) the employer's goal of containing employment litigation costs, (2) the employee's goal of access to a fair forum for resolving employment disputes, and (3) both parties' goal of promoting the non-adversarial resolution of employment disputes. The findings of this article are particularly important now that Congress appears increasingly likely to consider statutory amendments prohibiting predispute employment arbitration agreements. This article should not, however, be taken as a blanket endorsement of employment arbitration. We argue merely that employment arbitration can be fair to employees, not that employment arbitration is necessarily, or even usually, fair.
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Author : Harry Kershen
Category : Psychology
Publisher : Routledge
Published : 2019-03-19
Type : PDF & EPUB
Page : 160
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Description: Praised by reviewers as a superior book in the field of public sector bargaining, "Impasse and Grievance Resolution" is the classic "how to" text for the resolution of new contract disputes and ongoing contract grievances. Comprehensive, up-to-date, full of good practical advice. "Impasse and Grievance Resolution" is the ideal addition to your own professional library.
Details Book
Author : Ilo
Category : Law
Publisher :
Published : 1988
Type : PDF & EPUB
Page : 94
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Description: One of the important objectives of the ASEAN Programme on Industrial Relations for Development (a joint project ILO/UNDP/ASEAN) was to promote the study and analysis of basic issues in labour relations and labour laws within the ASEAN countries. To meet this objective a number of national experts have been invited under the Project to prepare country studies on the following issues: the problem of union recognition; the administration and enforcement of collective agreements; the voluntary and compulsory arbitration of labour disputes; the right to strike and lockout. These studies, which have now been completed and published, are aimed to provide an opportunity for students, practitioners, policy-makers to acquire valuable insights based on the experience of the ASEAN countries. It is hoped that these materials will promote comparative studies in labour relations and labour laws which in turn could lead to cross-fertilisation of ideas and concepts and even to desirable reforms.
FAQs
What do you mean by arbitration PDF? ›
Arbitration occurs when a dispute or difference between two or more parties is referred to an independent person to resolve under the provisions of the State Commercial Arbitration Law.
Can a company force you to use arbitration? ›The 9th U.S. Circuit Court of Appeals recently confirmed that California employers can require job candidates and employees to sign arbitration agreements as a condition of employment.
What is arbitration notes? ›Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
What is arbitration papers? ›An arbitration agreement is a legally binding contract that offers an alternate dispute resolution between two parties or more. Arbitration agreements provide an alternative to civil court litigation. Parties sign an arbitration agreement and enter into a process known as arbitration if a dispute arises.