Arbitration 2004: New Issues And Innovations in Workplace Dispute Resolution (Arbitration Proceedings of the Annual Meeting of the National Academy of Arbitration)
The Proceedings of the 57th NAA Annual Meeting includes discussions on new issues and innovations in workplace dispute resolution. In his presidential address, Walter J. Gershenfeld reflected on the development of the field from the times of George Taylor, shortly after World War II to the current movement toward employment arbitration. He discusses such topics as issues surrounding outsourcing and health care, case loads, and legislative initiatives designed to protect employees from arbitrary dismissal.
Arbitration 2004: New Issues and Innovations in Workplace Dispute Resolution consists of several panel discussions. They begin with the "Ask the Advocates" session in Chapter 5, in which advocates deal with a wide range of questions concerning hearing issues, evidence, closing arguments, mediation in the arbitration hearing, decision writing, and remedies.
Chapter 6 examines the special problems in labor relations in the Las Vegas hotel industry. The presentations trace the history of "The Strip" and the development of the related industrial relations system, the unique problems associated with the Las Vegas gaming industry including the impact of September 11, and the grievance resolution system that has emerged.
Chapter 7 provides two formal papers and a panel discussion on implementing remedies and retaining jurisdiction. George Nicolau firmly supports the idea that arbitrators should, almost routinely, retain jurisdiction over the implementation of their awards.
Chapter 8 is a panel discussion of termination arbitration in the public sector. The discussion focuses on the labor agreement Between Clark County, the base for the city of Las Vegas, and some 25,000 teachers and support staff represented by two unions.
Chapter 9 discusses the impact of external law on the arbitration process. Two formal papers are presented on this topic. Ted St. Antoine reviews the history of the debate and argues that the arbitrator’s role is to provide a definitive interpretation or reading of the contract. Therefore, when there is a dispute between the contract and the law, the arbitrator should follow the contract. Robert Vercruysse and Gary Fealk present recent case law that supports the contention that arbitrators cannot consider outside law without the parties granting such power to them.
Chapter 10 discusses employee privacy and the impact on modern electronic technology on privacy.
Chapter 11 examines the Due Process Protocol for employment arbitration. And Chapter 12 shifts attention to complex arbitration cases in the entertainment industry.
