Elkouri & Elkouri: How Arbitration Works, Eighth Edition, with 2018 Cumulative Supplement

Description

Elkouri & Elkouri: How Arbitration Works, Eighth Edition is the most thorough and authoritative arbitration treatise available. It has been cited by advocates, arbitrators, and judges more than any other arbitration book published, and is the standard text that no labor relations specialist, union representative, labor law attorney, professor, or arbitrator should be without. 

Highlights of the Eighth Edition include:

• Discussion of change in NLRB’s deferral standard
• Review of cost savings and online dispute resolution
• Revised discussion of the burden of proof in discipline cases
• Analysis of U.S. Supreme Court decisions on same-sex marriage and retiree health insurance
• Expanded treatment of labor arbitration issues in government
• On on-duty misconduct of police officers

The Eighth Edition also covers arbitrators’ consideration of external law in labor arbitration, the developing standards for evidentiary privilege as it relates to union shop stewards, arbitrators’ views on threats and violence, the continued viability of the plain-meaning rule, and UPL in labor arbitration.  

Reference materials include a table of all awards cited, a table of arbitrators for researching particular arbitrators, a table of statutory authorities, and a comprehensive index. The treatise also references important judicial decisions, academic and professional commentary, administrative agency regulations and opinions, and federal and state legislation. 

SUPPLEMENT INFORMATION

The 2018 Cumulative Supplement updates the main volume with highlights including:

• Trends in discipline and remedies, including mitigation of damages, injunctions, and penalty reductions 
• Arbitral interpretation of contract language, and methods for resolving ambiguities and misunderstandings
• Additional factors for considering the weight, credibility, and admissibility of evidence
• Developments on the application of technology in the labor arbitration process
• Disciplinary issues in sports arbitration, and the emergence of a new type of grievance
• The NLRB’s modification of its standard for post-arbitral deferral in Section 8(a)(3) and (1) cases

SUMMARY OF CONTENTS

• Arbitration and its Setting
• Legal Status of Arbitration in the Private Sector
• Scope of Labor Arbitration
• The Arbitration Tribunal
• Grievances: Prelude to Arbitration
• Determining Arbitrability
• Arbitration Procedures and Techniques
• Evidence
• Interpreting Contract Language
• Use of Substantive Rules of Law
• Precedential Value of Arbitral Awards
• Custom and Past Practice
• Management Rights
• Seniority
• Discharge and Discipline
• Safety and Health
• Employee Rights and Benefits
• Remedies in Arbitration
• Constitutional Issues in Public-Sector Arbitration
• Legal Status of Arbitration in the Federal Sector
• Issues in State and Local Government Sector Arbitration
• Arbitration of Interest Disputes