BOOK

Discipline and Discharge in Arbitration, Third Edition

This treatise highlights the rationales labor arbitrators have used 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 Third Edition looks in-depth at issues surrounding social media, company mobile devices, and on- and off-duty speech.

 

Price: $250 Book

MEET THE AUTHORS
book-image
Norman Brand
Editor-in-Chief; Committee on ADR in Employment Law
Melissa H. Biren
Editor-in-Chief; Committee on ADR in Employment Law

DESCRIPTION

Gives advocates new insights into the developing area of employee use of SOCIAL MEDIA and many other topics

In Discipline and Discharge in Arbitration, Third Edition, specialists analyze the standards and rationales used by arbitrators in rendering their awards for cases involving absenteeism, insubordination, theft/falsification, off-duty behavior, negligence on the job, possession of drugs, fighting, employee use of social media, and much more. 

New Chapter on Social Media — As more and more work moves to computers, smart phones, and mobile devices, employees are increasingly using those same devices to instantly access social media, both on and off duty. Employers are trying to regulate that use both on duty, where it affects time on work tasks, and off duty where it may affect work place comity and civility. The new Third Edition devotes an entire chapter to the developing area of employee use of social media. This treatise highlights emerging issues in a social media world where the expectations of privacy are changing and where speech traditionally regarded as “off duty” may raise workplace concerns. It shows how existing concepts of “nexus” and “disparagement” are being used to determine when activity outside the workplace sufficiently impacts the workplace so as to be a proper subject of discipline. Also explored are the NLRA issues raised by social media becoming the way workers communicate with one another, and how arbitrators account for NLRA concerns. The new arbitral discovery issues created by social media providers are also discussed. 

The Third Edition gives advocates new insight on how to argue their cases in areas such as drugs, harassment, social media, and others where new arbitral trends have emerged or older trends have been abandoned. It offers specific information on the principles of just cause that have been developed to address both substantive and procedural issues in discipline cases. Neutrals will find how traditional principles have been modified—or not—to account for different work places with new technology.

 


AUTHORS

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

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 of 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 Chair of the NY/NJ Metro Region of NAA and past president of NJ LERA.

ABA Section of Labor and Employment Law


CONTENTS

View full tables of contents and read the book’s preface or introduction.


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