Alternative Dispute Resolution in the Workplace: Concepts and Techniques for Human Resource Executives and Their Counsel

By E. Patrick McDermott; Arthur Eliot Berkeley | Go to book overview
which arbitrators they select for their pools and to serve on panels arbitrating discrimination cases. Employment Discrimination: How Registered Representatives Fare in Discrimination Disputes (GAO/HEHS-94-179) Washington, D.C.: General Accounting Office, 1994, p. 9.
8.
Employment Discrimination, 1-3.
10.
1 "Lawyers at ABA Session Discuss Ways to Avoid Costly Employment Litigation", Daily Labor Report, August 12, 1992, p. A1.
11.
Resolution, Brown & Root Dispute Resolution Program. Houston, Texas: Brown & Root Holdings, Inc., 1993, 3.
12.
Delaney v. Continental Airlines, 8 IER 1170 (C.D. Cal. 1993); Bakri v. Continental Airlines, 8 IER 937 (C.D. Cal. 1993).
13.
U.S. Department of Labor, "Report and Recommendations of the Commission on the Future of Worker-Management Relations," (BNA Special Supplement, 1/10/95), p. x.
17.
See Walter C. Brave III, "Public Law and Arbitration", Labor Law Journal, 43 ( August 1992): 547, 548-49.
18.
"NLRB General Counsel Report, January to September 1995", The Daily Labor Report, February 23, 1996, p. E6.
19.
Hull v. Norcom, Inc., 750 F.2d 1547, 1550 (11th Cir. 1985).
20.
Carlson v. Hutzel Corp. of Michigan, 183 Mich. App. 508, 455 N. W.2d 335 ( 1990); Ryoti v. Paine, Webber, Jackson & Curtis, Inc., 142 Mich. App. 805, 371 N.W.2d 454 ( 1985).
21.
Zeniuk v. RKA, Inc., 189 Mich. App., 472 N.W.2d 23 ( 1991).
22.
Hellenic Lines Ltd. v. Louis Dreyfus Corp., 372 F.2d 753, 758 (2d Cir. 1967; Curtis v. Amelia-Bouyea, 137 A.D. 2d 944, 525 N.Y.S.2d 69, 1988 N.Y. App. Div. (3rd Dept. 1988).
23.
Thomas Todd H., "Using Arbitration to Avoid Litigation", Labor Law Journal, 44 ( January 19, 1993): 3-17.
24.
Reuben Richard C. "Getting Out of a J.A.M.S.", A.B.A Journal, 82 ( April 1996): 41.
25.
This is different from the AAA rules that do not provide for pre-hearing depositions.
26.
The practical implications of providing a summary judgment procedure for arbitration are addressed at pages 79-80.

-121-

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Alternative Dispute Resolution in the Workplace: Concepts and Techniques for Human Resource Executives and Their Counsel
Table of contents

Table of contents

  • Title Page iii
  • Copyright Acknowledgments iv
  • Contents vii
  • Preface ix
  • Acknowledgments xiii
  • Introduction xv
  • I - The Changing Legal and Legislative Landscape 1
  • II - Varieties of Alternative Dispute Resolution 49
  • III - The Trend: Corporate Alternative Dispute Resolution Programs 67
  • Notes 121
  • Appendix 123
  • Brown & Root Dispute Resolution Program 125
  • The Brown & Root Dispute Resolution Plan and Rules 145
  • Employment Legal Consultation Plan 161
  • Bibliography 167
  • Index 173
  • About the Authors 179
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