BOOKS

LABOR RELATIONS & ARBITRATION
20
Elkouri & Elkouri: How Arbitration
Works, Seventh Edition
Kenneth May, Editor-in-Chief
Patrick M. Sanders and Michelle T. Sullivan,
Associate Editors, Committee on ADR in Labor
and Employment Law, ABA Section of Labor and
Employment Law
The standard text on labor arbitration.
The reference of first resort, this treatise has been utilized
and cited by advocates, arbitrators, and judges more
than any other arbitration book published. The Seventh
Edition analyzes issues important to labor relations practitioners such as retiree
health insurance, employer intellectual property protections, and union recognition.
Critical topics include: arbitrators’ consideration of external law in labor
arbitration; legislation and litigation developing standards for evidentiary privilege
as it relates to union shop stewards; arbitrators’ views on threats and violence;
reconsideration of the continued viability of the plain meaning rule; new case
law on the unauthorized practice of law in labor arbitration; and revision of the
discussion of state and local government arbitration and interest arbitration in
light of changes in state law.
SUPPLEMENT INFORMATION >>>
The new 2014 Supplement includes the following: a new section on social
media, a new section on sports arbitration, extension of discussion of First
Amendment issues in the public sector beyond freedom of speech to other
issues such as freedom of religion, discussion of proposed changes to NLRB
policy on deferral to arbitration, and discussion of security at hearings.
SUMMARY OF CONTENTS
Chapter 1. Arbitration and Its Setting
Chapter 2. Legal Status of Arbitration in the Private Sector
Chapter 3. Scope of Labor Arbitration
Chapter 4. The Arbitration Tribunal
Chapter 5. Grievances: Prelude to Arbitration
Chapter 6. Determining Arbitrability
Chapter 7. Arbitration Procedures and Techniques
Chapter 8. Evidence
Chapter 9. Interpreting Contract Language
Chapter 10. Use of Substantive Rules of Law
Chapter 11. Precedential Value of Arbitral Awards
Chapter 12. Custom and Past Practice
Chapter 13. Management Rights
Chapter 14. Seniority
Chapter 15. Discharge and Discipline
Chapter 16. Safety and Health
Chapter 17. Employee Rights and Benefits
Chapter 18. Remedies in Arbitration
Chapter 19. Constitutional Issues in Public-Sector Arbitration
Chapter 20. Legal Status of Arbitration in the Federal Sector
Chapter 21. Issues in State and Local Government Sector Arbitration
Chapter 22. Arbitration of Interest Disputes
Titles of NAA Proceedings, 1948–2011
Table of Arbitrators
Table of Arbitration Awards
Table of Cases
Index
Kenneth May is a lead editor of Labor Arbitration Reports, a component of Bloomberg
BNA’s Labor Relations Reporter, Arlington, VA, and a member of the Executive Board of
the Labor and Employment Relations Association.
Patrick M. Sanders, previously a partner in Lathrop & Gage LLP representing management,
is now general counsel for the Mungenast Automotive Family, St. Louis, MO. He is a past
co-chair of the Committee on ADR in Labor and Employment Law.
Michelle T. Sullivan is a partner in Allotta, Farley & Widman Co., LPA, Toledo, OH,
representing unions and employees. She is a past co-chair of the Committee on ADR in
Labor and Employment Law.
2012/1,926 pp. Hardcover with 2014 Supplement
Order #9484P/$385.00
2014 Supplement alone/978-1-61746-484-3
Order #2484/$305.00
See Bundled Order #8232, 8335, 8352, 8549, 8816, 8887, 8888, and 8889 for best value.
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EBOOK AVAILABLE!
An eBook version of this title is ready for download on the iPhone ® , iPad ® , and
iPod ® touch using the iBooks app and on the computer with iTunes.
NEW EDITION!
Discipline and Discharge in
Arbitration, Third Edition
Norman Brand and Melissa H. Biren,
Editors-in-Chief, Committee on ADR in Labor
and Employment Law, ABA Section of Labor
and Employment Law
A complete guide to the latest workplace
awards and standards.
In Discipline and Discharge in Arbitration, Third
Edition, the companion volume to Elkouri and Elkouri: How Arbitration
Works, specialists analyze the standards and rationales used by labor arbitrators
in rendering their awards for cases involving absenteeism, insubordination, theft/
falsification, off-duty behavior, negligence on the job, possession of drugs, fighting,
harassment, and much more. The new Third Edition devotes an entire chapter to
the developing issue of employee use of social media both on and off duty.
This treatise offers specific information on the principles of just cause that
have been developed to address both substantive and procedural issues in
discipline cases.
Advocates and neutrals alike will find how traditional principles have been
modified–or not–to account for different workplaces with new technology.
The treatise highlights the emerging issues in a social media world where
the expectations of privacy are changing and where even speech traditionally
regarded as “off duty” may raise workplace concerns, and shows how existing
concepts of “nexus” and “disparagement” are being used to determine whether
activity outside the workplace sufficiently impacts the workplace as to be a
proper subject of discipline.
SUMMARY OF CONTENTS
Chapter 1. Arbitration Advocacy
Chapter 2. Just Cause
Chapter 3. Attendance
Chapter 4. Job Performance Problems
Chapter 5. Refusals to Perform Work or Cooperate
Chapter 6. Substance Abuse
Chapter 7. Dishonesty and Disloyalty
Chapter 8. Workplace Misconduct
Chapter 9. Off-Duty Conduct
Chapter 10. Employee Use of Social Media
Chapter 11. Union Activities
Chapter 12. Evidentiary and Procedural Considerations
Chapter 13. Remedies for Inappropriate Discipline
Chapter 14. External Law
Chapter 15. Finality of Awards and Court Actions
Titles of NAA Proceedings, 1948–2013
Table of Arbitration Decisions
Table of Arbitrators
Table of Cases
Index
Norman Brand has been engaged in dispute resolution full time since 1983 and is a
member of the National Academy of Arbitrators, a Fellow of the College of Labor and
Employment Lawyers, a Fellow of the American College of Employee Benefits Counsel, and
past president of the California Dispute Resolution Council. Brand has been voted a “Super
Lawyer in ADR” in Northern California.
Melissa H. Biren has more than 30 years’ experience in labor and employment matters.
She has been a full-time arbitrator and mediator since 2002 resolving workplace disputes in
the public and private sectors, and is a member of the National Academy of Arbitrators. She
is Vice Chair of the NY/NJ Metro Region of NAA and past president of NJ LERA.
2015/904 pp. Hardcover/ISBN 978-1-61746-463-8
Order #2463/$250.00
See Bundled Order #8060, 8232, 8335, 8549, 8887, 8888, and 8889 on order form for
best value.
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