ADR in the Workplace

Course Number: 505D

Description: (Formerly DCL 598) STUDENTS WHO HAVE ALREADY TAKEN ARBITRATION (LABOR) ARE NOT ELIGIBLE TO ENROLL IN THIS COURSE. Arbitration of disputes arising out of collective bargaining agreements has come to be the model for resolving statutory and common law disputes that arise in the nonunion worlplace. Growing reliance on mediation and arbitration hybrids alters the role of advocates and even the definition of employee's legal rights. This course will focus on a wide range of topics-arbitrability determinations, injunctions, duty of fair representation, the doctrine of deferral, the role of external law and whether arbitrators should follow the federal law, the role of precedent in labor and employment law, discipline and discharge, past practice, seniority, management rights, subcontracting, union security agreements and their enforceability, and arbitration in the public sector. We will also examine the current criticism of labor arbitration-its efficiency, honesty and underlying ideology. Finally, we will cover the spectrum of topics associated with individual employment arbitration-judicial application of "Gilmer" and its progeny, the merits and demerits of compulsory arbitration, grievance mediation, and peer review systems.