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LABOR RELATIONS & ARBITRATION<br />

Elkouri & Elkouri: How Arbitration<br />

Works, Seventh Edition<br />

Kenneth May, Editor-in-Chief<br />

Patrick M. Sanders and Michelle T. Sullivan,<br />

Associate Editors<br />

Committee on ADR in Labor and Employment<br />

Law, ABA Section of Labor and Employment Law<br />

Relied on by practitioners for more than 60 years<br />

Long considered by labor law and dispute resolution<br />

professionals to be the standard text on labor arbitration, Elkouri & Elkouri:<br />

How Arbitration Works is the most comprehensive and authoritative treatise<br />

available on this subject. It has been utilized and cited by advocates, arbitrators,<br />

and judges more than any other arbitration book published.<br />

The Seventh Edition covers critical topics including arbitrators’ consideration<br />

of external law in labor arbitration; legislation and litigation developing standards<br />

for evidentiary privilege as it relates to union shop stewards; arbitrators’ views<br />

on threats and violence; reconsideration of the continued viability of the plain<br />

meaning rule; new case law on the unauthorized practice of law as it relates<br />

to labor arbitration; and updated discussion of state and local government<br />

arbitration and interest arbitration in light of recent changes in state law.<br />

Elkouri & Elkouri: How Arbitration Works offers helpful reference materials,<br />

including a table of arbitrators that can be used to research references cited<br />

in the book and a table of cases that includes not only court cases but also<br />

administrative cases. Topics in the chapters are identified by Bloomberg BNA’s<br />

Labor Arbitration Reports (LA) classification numbers, making it easier to do<br />

additional research in that reference service.<br />

The treatise provides citations to hundreds of recent arbitration awards, as<br />

well as references to important judicial decisions, academic and professional<br />

commentary, administrative agency regulations and opinions, and federal and<br />

state legislation. No labor relations specialist, union representative, labor law<br />

attorney, professor, or arbitrator should be without it.<br />

Kenneth May is a lead editor of Labor Arbitration Reports, a component of Bloomberg<br />

BNA’s Labor Relations Reporter, Arlington, Va., and a member of the Executive Board of<br />

the Labor and Employment Relations Association.<br />

Patrick M. Sanders, previously a partner in Lathrop & Gage LLP representing management,<br />

is now general counsel for the Mungenast Automotive Family, St. Louis, Mo. He is a past cochair<br />

of the Committee on ADR in Labor and Employment Law.<br />

Michelle T. Sullivan is a partner in Allotta, Farley & Widman Co., LPA, Toledo, Ohio,<br />

representing unions and employees. She is a past co-chair of the Committee on ADR in<br />

Labor and Employment Law.<br />

SUMMARY OF CONTENTS<br />

Chapter 1. Arbitration and Its Setting<br />

Chapter 2. Legal Status of Arbitration in the Private Sector<br />

Chapter 3. Scope of Labor Arbitration<br />

Chapter 4. The Arbitration Tribunal<br />

Chapter 5. Grievances: Prelude to Arbitration<br />

Chapter 6. Determining Arbitrability<br />

Chapter 7. Arbitration Procedures and Techniques<br />

Chapter 8. Evidence<br />

Chapter 9. Interpreting Contract Language<br />

Chapter 10. Use of Substantive Rules of Law<br />

Chapter 11. Precedential Value of Arbitral Awards<br />

Chapter 12. Custom and Past Practice<br />

Chapter 13. Management Rights<br />

Chapter 14. Seniority<br />

Chapter 15. Discharge and Discipline<br />

Chapter 16. Safety and Health<br />

Chapter 17. Employee Rights and Benefits<br />

Chapter 18. Remedies in Arbitration<br />

Chapter 19. Constitutional Issues in Public-Sector Arbitration<br />

Chapter 20. Legal Status of Arbitration in the Federal Sector<br />

Chapter 21. Issues in State and Local Government Sector Arbitration<br />

Chapter 22. Arbitration of Interest Disputes<br />

Titles of NAA Proceedings, 1948–2011<br />

Table of Arbitrators<br />

Table of Arbitration Awards<br />

Table of Cases<br />

Index<br />

2012/1,896 pp. Hardcover/ISBN 978-1-61746-094-4<br />

Order #2094/$325.00<br />

See Bundled Order #8232, 8335, 8352, 8549, 8816, 8887, 8888, and 8889 on<br />

order form for best value.<br />

New Supplement Due Winter 2014.<br />

www.bna.com/bnabooks/haw<br />

EBOOK AVAILABLE!<br />

An eBook version of this title is ready for download on the iPhone ® , iPad ® , and<br />

iPod ® touch using the iBooks app and on the computer with iTunes.<br />

////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////<br />

How ADR Works<br />

Norman Brand, Editor<br />

Committee on ADR in Labor and<br />

Employment Law, ABA Section of<br />

Labor and Employment Law<br />

Learn to resolve disputes in this companion<br />

volume to Elkouri & Elkouri<br />

Geared to both beginning and seasoned labor and<br />

employment law practitioners, this resource provides<br />

invaluable guidance on how to:<br />

• Achieve better outcomes in mediation and arbitration<br />

• Understand what mediators and arbitrators are looking for when a<br />

case is presented<br />

• Learn how neutrals decide arbitration cases<br />

• Prepare to succeed in mediation and arbitration<br />

• Craft stronger ADR programs and settlement agreements<br />

Norman Brand has been engaged in dispute resolution full time since 1983 and is a<br />

member of the National Academy of Arbitrators, a Fellow of the College of Labor and<br />

Employment Lawyers, a Fellow of the American College of Employee Benefits Counsel,<br />

and past president of the California Dispute Resolution Council.<br />

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––<br />

“How ADR Works conveys the message that alternative dispute resolution<br />

is an art to be mastered, not a body of rules to be learned.”<br />

—Phyllis W. Cheng, Editor-in-Chief, California Labor & Employment Law Review,<br />

December 2003, Volume 17, No. 6<br />

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––<br />

SUMMARY OF CONTENTS<br />

Part I. How Advocates Start the Process<br />

Part II. Mediation<br />

Part III. Arbitration<br />

Part IV. Drafting Issues<br />

2002/1,166 pp. Hardcover/ISBN 978-1-57018-253-2<br />

Order #1253/$155.00<br />

See Bundled Order #8335 on order form for best value.<br />

www.bna.com/bnabooks/hadr<br />

24<br />

www.bna.com/bnabooks

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