Arbitrating Race, Religion, and National Origin Discrimination Grievances

Arbitrating Race, Religion, and National Origin Discrimination Grievances

Arbitrating Race, Religion, and National Origin Discrimination Grievances

Arbitrating Race, Religion, and National Origin Discrimination Grievances

Synopsis

This work provides the user with an authoritative, comprehensive, extremely detailed, and easy to use practical guide for handling race, religious and national origin discrimination grievances. The work is a resource for the professional confronted with the responsibility of establishing guidelines for a company or organization. The author explains how arbitrators decide employment discrimination complaints; he blends law and arbitral thinking on an issue-by-issue basis within the topics and offers procedural recommendations in the event the practitioner must undertake arbitration. There is also a discussion of procedural elements unique to the arbitration of civil rights disputes. Also included are applicable portions of the Code of Professional Responsibility for Arbitrators handling civil rights disputes, and a table of cases. This book shows that a majority of race, religion and national origin discrimination grievances heard by labor arbitrators involve complaints by perpetrators, not victims. Labor arbitrators most often protect victims of race, religion and national origin discriminators by sustaining appropriate discharge, suspension, written warning or oral warning to the grievants. In a few instances, the focus of the parties upon the rights of the grievant, rather than the victim, has resulted in disciplinary action that is too lenient or in conflict with the law, and the courts have overturned these awards. The author provides answers to the complex questions relating to discrimination grievances.

Excerpt

This books is the outcome of a project which began twenty years ago when there were not enough published arbitral discrimination awards to justify its production. Even though employment discrimination has been considered by arbitrators as far back as anyone can remember, twenty years ago there were less than three hundred published arbitral discrimination awards available for public examination (cumulative from about 1945). Today, there are over onethousand published arbitral discrimination awards, easily enough awards to justify this book which considers race, religion, and national origin discrimination grievances as well as a second book soon to be in print which considers sex discrimination grievances. As might be expected, many of the problems, claims, and merits presented to labor arbitrators fifty years ago are the same as those presented today. For example, the practical solutions for race, religion, and national origin discrimination grievances in this book document a dynamic fifty year concern by labor arbitrators, employers, and unions for age old conflicts centered upon race, religious preference, language speaking ability, ethnicity, and creed just to name a few. Viewed together, the arbitral awards and court decisions analyzed in this book identify current problems, work rules, employment practices, and practical solutions for race, religion, and national origin discrimination in the union and non-union sectors.

This book is separated into two parts. Chapters 1 and 2 of Part I consider evolving arbitral decision criteria used to determine human rights grievances. Chapter 3 details the unique features of procedure, evidence, and proofs which have evolved over the past twenty years and should be followed by the parties when arbitrating employment discrimination challenges. Because keeping proper tension between the law and the human rights clause of the labor contract is critical, many practitioners will want to read Chapter 3 before the . . .

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.