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

This essential reference for labor relations practitioners covers issues including retiree health insurance, employer intellectual property protections, union recognition, and more. References include citations to hundreds of arbitration awards and judicial decisions. It includes tables of all discussed or cited arbitration awards, statutory authorities, and arbitrators.


Meet The Authors

Kenneth May
Editor-in-Chief (Eighth Edition)
Julia R. Perdue
Editor-in-Chief (2018 Cumulative Supplement)
Wesley G. Kennedy
Associate Editor
Patrick M. Sanders
Associate Editor
Michelle T. Sullivan
Associate Editor
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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

 

Authors

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

Kenneth May (deceased) was an arbitrator and the lead editor of Labor Arbitration Reports, a component of Bloomberg Law’s Labor Relations Reporter, Arlington, VA.

Julia R. Perdue has been published in Bloomberg BNA’s Arbitration 2014: The Test of Time, and was formerly an editor of Bloomberg Law’s Labor Arbitration Reports and lead editor of Labor & Employment Analysis/News & Background.

Wesley G. Kennedy is a founding shareholder in Allison, Slutsky & Kennedy, P.C., Chicago, IL. He has a general labor law practice concentrating in the hospitality, airline, graphic arts and other industries, representing unions in a full range of matters.

Patrick M. Sanders is Of Counsel at SmithAmundsen LLC, St. Louis, MO. He is a past co-chair of the Committee on ADR in Labor and Employment Law.

Michelle T. Sullivan is Director of Labor Relations for the University of Michigan Health System in Ann Arbor, MI. She is a past co-chair of the Committee on ADR in Labor and Employment Law.

Contents

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

Reviews

Read what others have to say about this Bloomberg Law book.

“For more than 60 years, Elkouri and Elkouri: How Arbitration Works has been the classic reference book for labor arbitration, and it has been valuable to me professionally.”

Gail Golman Holtzman

Past Chair, ABA Section of Labor and Employment Law and Partner, Jackson Lewis P.C.

 

“Long considered to be the leading work in the field.”

Kendall F. Svengalis

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