Suzanne Thorpe is Professor of Legal Research Instruction, University of Minnesota Law School. Professor Thorpe earned B.A. and M.A. degrees from the University of Wisconsin, Madison. She received her J.D. degree from the University of Minnesota, and she is recognized for her expertise in the area of legal research and library administration. She is the Associate Director for Faculty, Research and Instructional Services. She oversees all public and faculty services offered by the University of Minnesota Law Library. She provides legal research instruction and is also responsible for collecting Scandinavian legal materials for the Law Library. Professor Thorpe was appointed the inaugural Caroline Brede Scholar for 1999-2001.
Laura J. Cooper is J. Stewart and Mario Thomas McClendon Professor in Law and Alternative Dispute Resolution, University of Minnesota Law School. She is a distinguished scholar in the fields of labor law and workplace dispute resolution. She teaches courses in labor law, labor arbitration, alternative dispute resolution, civil procedure and conflict of laws and is known for innovations in technology- and simulation-based pedagogy. Professor Cooper received her B.A. degree, summa cum laude, from the University of Southern California and her J.D. degree, summa cum laude, from Indiana University School of Law, Bloomington, which inducted her in 2002 into its Academy of Law Alumni Fellows for "distinction through personal achievements and dedication to the highest standards of the profession."
Table of Contents
- I. Introduction
- II. Bibliographies
- III. Major Texts
- A. Alternative Dispute Resolution of Employment Disputes
B. Arbitration Under Collective Bargaining Agreements
- C. Arbitration of Common Law and Statutory Disputes
- D. Mediation of Workplace Disputes
E. Arbitration Awards
- IV. Information About Dispute Resolution Professionals
- V. Procedural and Ethical Rules
- VI. Other Resources on Workplace Dispute Resolution
- A. Books
- C. Websites
D. Databases of Resources
What kinds of information can we expect to find when doing research in alternative dispute resolution? To the extent that ordinary issues of law arise when considering methods of alternative dispute resolution, such as whether an agreement to arbitrate is judicially enforceable or whether communications in the course of mediation enjoy an evidentiary privilege, ordinary sources of legal research remain appropriate. This research guide generally does not describe those research tools.II. Bibliographies
Much of what goes on within mediation or arbitration is, however, beyond the immediate reach of traditional legal doctrines and processes of enforcement. The legal system affords arbitrators and mediators a broad range of discretion untouched by legal controls. The question is often not a matter of what the neutral may legally do, but rather what the neutral might or should do.
Consider, for example, the concept of precedent and its role in legal research. Appellate court decisions establish a body of precedent binding on lower courts whose decisions are subject to judicial review by those appellate courts. In arguing a case to a lower court, it is therefore critical to locate the decisions of appropriate appellate courts that would be binding on that lower court. Within a system of labor arbitration, however, arbitrator awards generally are not subject to judicial review on the merits. The decisions of a court, or even of another arbitrator, will not have the force of precedent. An advocate in a labor arbitration forum, therefore, is not looking for decisions that would constitute precedent in the pending arbitration proceeding, but rather for decisions that might have persuasive authority because of their analytical power.
The ability to conduct research regarding disputes resolved in alternative forums is also limited by party privacy. While courts and their decisions are open to the public, mediation and arbitration nearly always occur in private. Privacy often is one of the reasons the parties have selected mediation or arbitration. Research sources, therefore, cannot possibly provide comprehensive access to the decisions of arbitrators or the outcomes of mediated settlements. For example, arbitration awards are only published if all of the parties to the arbitration have authorized publication. Some labor arbitrators request permission from the parties in all of the cases they decide; some never do.
As compared to the tools used in a traditional legal context, research tools in alternative dispute resolution are thus likely to be much less complete and their use is much less likely to be critical to the resolution of the dispute.
This guide lists sources that discuss arbitration and other means of employment dispute resolution in unionized and nonunionized settings. After identifying comprehensive bibliographies on these topics, the guide presents texts that dispute resolution practitioners consider to be essential reference tools. Sources that contain arbitration awards, sources that provide information about alternative dispute resolution professionals, and texts of procedure and ethics rules follow next. The last portion of the guide covers other texts, periodicals, and Web sites that offer additional commentary on arbitration, mediation, and other types of employment dispute resolution. Both hardcopy and electronic works are listed. In the interest of currency, with few exceptions, only monographs that have appeared since 1990 are included.
“Annual Bibliography Issue,” Ohio State Journal on Dispute Resolution.III. Major TextsStarting in 1992, the last issue of each volume of this journal is an extensive bibliography of articles and books related to dispute resolution published during the preceding year. Works are listed alphabetically by author. Each entry provides a brief description of the work followed by subject classification numbers. Works covering labor and employment dispute resolution are classified under “93-labor general,” “94-labor-discrimination,” “95-labor–management (union),” “96- labor-employment (non-union).” A table lists works alphabetically by author under each classification number.Coleman, Charles J., Theodora T. Haynes, and Marie T. Gibson McGraw, Labor and Employment Arbitration: An Annotated Bibliography, 1991–1996. Ithaca, N.Y.: ILR Press, 1997.This bibliography updates and expands on the 1994 work described in the next entry. It provides almost 600 short summaries of books and articles covering most aspects of American and Canadian labor arbitration and general employment dispute resolution. The bibliography is arranged into seventeen broad format (e.g., general studies, biographies) and topical categories that are further subdivided by more specific topics. Author and subject indexes also are included. This book updates labor arbitration materials published since Labor Arbitration: An Annotated Bibliography, noted immediately below, and includes employment arbitration publications since 1991.Coleman, Charles J. and Theodora T. Haynes, eds., Labor Arbitration: An Annotated Bibliography. Ithaca, N.Y. : ILR Press, 1994.This work provides commentary about more than 1,000 works that cover American and Canadian labor arbitration. Included are monographs published since 1950, articles published in nonlegal journals since 1970, and articles published in law journals since 1980. The work is arranged in two parts: books and monographs followed by periodicals and proceedings. Both parts are subdivided under the following headings: arbitration and dispute settlement; arbitrator characteristics; development of arbitration; grievances and grievance mediation; advocacy; arbitrability, management rights, past practice; discipline and discharge; compensation, work rules, remedies; arbitration and the law; interest arbitration; nonunion employees and wrongful discharge; and arbitration in specific industries.
Hinchcliff, Carole L., Dispute Resolution: A Selected Bibliography, 1987-1988. Washington, D.C.: American Bar Association, 1991.This annotated bibliography lists articles and books published from 1987 to 1988 in alphabetical order by author. A classified list of subjects and subject index is included. The entry for each work indicates which of these subject(s) is relevant. This bibliography is continued through annual bibliographies in the Ohio State Journal of Dispute Resolution.
Brand, Norman, ed., How ADR Works. Washington, D.C.: Bureau of National Affairs, 2002.Despite its title suggesting an even broader focus, this is a comprehensive treatise on workplace dispute resolution, including arbitration and mediation, collective bargaining and statutory disputes, and the creation of innovative dispute resolution programs in the union and non-union setting. The book includes more than fifty chapters and more than a dozen appendices. It was created by the American Bar Association Section on Labor and Employment Law and offers chapters by both neutrals and attorney advocates. It includes chapters on counseling clients about ADR and offers several perspectives on how to prepare clients for arbitration and mediation, and how to present cases in those procedures. Several arbitrators and mediators write about how they conduct their proceedings and what they expect of the parties. Other sections provide guidance on drafting settlement agreements and sample agreements.
Bornstein, Tim, Ann Gosline, and Marc Greenbaum, eds., Labor and Employment Arbitration. 2d ed. New York, N.Y.: Matthew Bender, 1997- 2 vols.
Few monographic works cover mediation of workplace disputes. Periodical and continuing legal education literature are currently the best sources of information on this topic.
Alternative Dispute Resolution: What the Business Lawyer Needs to Know 1999. New York, N.Y.: Practising Law Institute, 1999.This continuing education publication covers many aspects of alternative dispute resolution. It is useful because it reprints several introductory articles on mediation produced by the American Arbitration Association and the American Bar Association. Included are model mediation standards and practical tips for preparing clients and conducting successful mediation sessions.
Berger, Vivian, “Employment Mediation in the Twenty-First Century: Challenges in a Changing Environment,” University of Pennsylvania Journal of Labor and Employment Law, 5 (Spring 2003): 487-543.
This article reviews recent trends that have caused employment discrimination litigation to be less desirable and discusses why and when mediation is a better alternative to such litigation. The last part of the article covers best practices in workplace mediation.
Miller, Kathryn E., “How to Prepare for and Participate in an Employment Mediation,” The Journal of Alternative Dispute Resolution in Employment 1 (Fall 1999): 45-52.
This article provides a practical guide for advocates in employment mediation on such issues as determining the best time for mediation, using administrative agency dispute resolution processes, selecting a neutral and preparing for mediation.
Miller, Kathryn E., “Making Mediation Work for You and Your Clients in Employment Cases,” Employee Rights Quarterly: ERQ 3 (Fall 2002): 53-63.
This article, written for attorneys considering mediation, looks at mediation in relation to litigation. It describes types of mediation and discusses the process of mediation, ways to involve clients, possible monetary and non-monetary demands available, and fees.
Shaw, Margaret L., “Employment Disputes.” In Mediating Legal Disputes: Effective Strategies for Lawyers and Mediators, 441. Boston: Little, Brown, 1996.
This chapter describes the reasons why mediation is well-suited to resolve employment disputes. It also discusses the particular challenges facing employment mediators and provides a procedural overview of employment mediation. Case studies illustrating mediation of wrongful termination and disability accommodation disputes are included.
Simon, Howard A. and Yaroslav Sochynsky, “In-House Mediation of Employment Disputes: ADR for the 1990s,” Employment Relations Law Journal 21 (Summer 1995): 29-51.
After briefly describing various methods of employment dispute resolution, this article compares several existing in-house mediation programs and offers tips on designing similar programs.
Weinstein, Rebecca Jane, Mediation in the Workplace: A Guide for Training, Practice, and Administration. Westport, CT; London: Quorum Books, 2001.
This work offers a blend of theoretical and practical information on workplace mediation aimed at mediators, employees, and employers. After describing how conflict can be managed through mediation, the work details the process of mediation from start to finish. The author offers tips on the physical environment, questioning techniques, caucusing, confidentiality, documentation, and final agreements. These tips are reinforced by a series of workplace-based exercises and mock mediations. The final part of the work provides information to assist in designing an in-house mediation program, including sample policies and forms. Bibliographical references and an index are also provided.
CPR Institute for Dispute Resolution, How Companies Manage Employment Disputes: A Compendium of Leading Corporate Employment Programs. CPR Institute for Dispute Resolution (2002).
Corporate attorneys serving as members of the CPR Employment Disputes Committee created this valuable guide to the design of comprehensive workplace dispute resolution programs, including such features as informal dispute resolution, mediation and arbitration. The book includes a study of programs of twenty employers, useful introductory materials on ADR methods, sample policies and educational materials, and interviews with corporate executives about their experiences in implementing dispute resolution programs. The book provides an excellent resource for attorneys or companies desiring to learn the best practices in design of corporate dispute resolution programs.
Although most arbitration awards are not published, several specialized reporting services provide full texts and summaries of selected awards. Most reports are available in both paper and electronic formats. Each service offers helpful indexes and tables for identifying awards by topic, party, and arbitrator.
Major Sources for Full Texts and Summaries
Labor Arbitration Reports. Washington, D.C.: Bureau of National Affairs, 1946– .
This looseleaf work is published weekly as a component of the Labor Relations Reporter and is the leading source for full texts and summaries of labor arbitration awards. Preceding the text of each award are headnotes that describe the issues involved in the arbitration. A classification number is assigned to each headnote denoting the subject matter of the award according to the publisher’s detailed classification scheme. This numbering scheme is used to group together summaries of awards on the same topic in the publication’s case digest. Each weekly report also contains summaries of the cases, an outline of classifications, and lists of arbitrators and cases in the report. Semi-annually, these looseleaf reports are replaced by a bound volume. A full search of cumulative digests may require consulting several separate digests in looseleaf format, as well as several paperback and hardbound digests. The looseleaf volumes of the Labor Relations Reports include a “Master Index” covering recent reports. This index offers a section on labor arbitration that contains a topic finder (overview of the classification scheme) and separate cumulative digests for each volume of Labor Arbitration Reports. The digest entries contain the summaries that appear in the headnotes described earlier. The Master Index volume contains a digest for both the current looseleaf reports and for recent bound volumes. It also provides tables listing arbitration awards by arbitrator, party, and contract term. Arbitrator biographies are included as well. The weekly reports and digests are periodically replaced by bound volumes, initially in paperback and later in hardbound.
Labor Arbitration Reports is also available in electronic form on LexisNexis (LRRLA) from 1980 to date and on Westlaw (LRR-LA) from 1979 to date. They can also be found in the publisher’s Labor and Employment Law Library which is available both on CD-ROM and on the Web at http://laborandemploymentlaw.bna.com/. The awards in the CD-ROM version lag three to four weeks behind other hardcopy and electronic versions of the service. All of the electronic versions offer the advantage of key word searches of the full texts and summaries, including searches by arbitrator. Classification number searches are also possible, but the Westlaw and LexisNexis versions do not provide an outline of the classification scheme, so it may be necessary to consult the Master Index of the paper version of this work in order to identify useful classification numbers. The CD-ROM and Web versions include the alphabetical topic finder and the classification outline found in the paper version. Selecting items from either the topic finder or the classification outline will yield related headnote summaries and, most often, the full texts of the decisions containing these headnotes. Unfortunately, none of the electronic versions offers as useful a compilation of cases as the hardcopy cumulative digests. Of the electronic versions, the one on the BNA’s own website is the easiest to use.
Awards submitted to BNA but not selected by its editors for publication in Labor Arbitration Reports are not available on BNA’s own web site, but are available on Westlaw in the database (LA-UNP). No indexing or summaries are available for these “unpublished” awards. On Westlaw, one may search both published and unpublished awards in the database (LA-COMB).
Labor Arbitration Awards. Chicago, Ill.:CCH, 1961– .
This looseleaf work appears monthly. Each issue provides the full texts of selected recent arbitration awards. Each award is preceded by a very short summary of the award and information on the source of the arbitrator’s selection. The looseleaf contains alphabetically arranged topical indexes, one for recent awards and one for earlier awards. The indexes offer short phrases describing awards. Tables listing awards by party and arbitrator, arbitrator biographies, and advisory ethics opinions of the National Academy of Arbitrators are also provided in this volume. Periodically, the contents of the looseleaf volume are replaced by bound volumes. Each bound volume contains the awards, a topical index, and the party and arbitrator tables covering the awards included. The publication is also available on CD-ROM and on the web at http://hr.cch.com. New materials appear initially in the looseleaf version and are later available on the web (approximately a week later) and CD-ROM (approximately a month later).
Labor Arbitration Information System (LAIS). Fort Washington, Penn.: LRP, 1981– .
This monthly looseleaf service, formerly called Labor Arbitration Index (1970–1980), offers the most comprehensive index to labor arbitration awards available. While it does not index every award published, more than 2,500 awards are indexed annually, including those reported in Labor Arbitration Reports, Labor Arbitration Awards, and other publications. Awards are indexed under a topical classification scheme and, for each award there is a brief summary indicating the prevailing party. An alphabetical list of topical categories and a subject index for the classification scheme are offered. Awards also are listed by arbitrator, by employer, and by union. Each year, the monthly indexes and finding lists are replaced by bound volumes. This service provides full text of selected awards and summarizes awards published elsewhere. Each award is assigned at least one classification number identifying the subject matter of the award. This number can be used to locate other awards on the same topic in the index. The service includes a helpful user guide.
Labor Arbitration Information System is available in several electronic formats. It appears as a semi-annual Arbitration Database on CD ROM which includes summaries of arbitration awards and biographical data on arbitrators that have appeared since 1978 in the publisher’s Labor Arbitration Information System. The same data is available through Arbsearch.com, a fee-based service on the Web at http://www.arbsearch.com. Westlaw provides access to Labor Arbitration Information System (LAIS), but this version is usually less current than the other electronic versions. The electronic versions offer the advantage of key word searches, including searches by arbitrator, union, subject, and employer. They provide subject and LAIS classification number searching of arbitration case summaries published by various publishers. The publisher provides a fee-based research service, Instant Computer Arbitration Search (ICAS) that conducts customized searches in the Labor Arbitration Information System database.
Other Sources for Full Texts and Summaries
This monthly looseleaf service, formerly called Labor Arbitration Index (1970–1980), offers the most comprehensive index to labor arbitration awards available. While it does not index every award published, more than 2,500 awards are indexed annually, including those reported in Labor Arbitration
Arbitration Award Summaries. St. Paul, Minn.: Minnesota Bureau of Mediation Services,
This monthly source provides summaries of public and private sector arbitration awards issued in Minnesota. Awards are indexed by arbitrator, subject, employer, and union.
Arbitration in the Schools. Horsham, Penn.: LRP Publications, 1970– .
This monthly report from the American Arbitration Association summarizes selected arbitration awards and fact-finding recommendations involving employees of educational institutions. It includes semi-annual and annual indexes with lists of arbitrators.
Arbitrators’ Qualification Reports. Charlotte, N.C.: R. C. Simpson.
This fee-based service provides unpublished awards of arbitrators. To order, contact R. C. Simpson at 5950 Fairview Rd, Charlotte, N.C. 28210-3104; telephone: (704) 553-0716; fax: (704) 553-0734.
Government Employee Relations Report. Washington, D.C.: Bureau of National Affairs, 1963– .
The weekly “Current Reports” section of this work occasionally contains summaries of arbitrator rulings, usually with citations to sources providing the full text. The rulings are included in the “administrative rulings” portion of this section. The index to the “Current Reports” lists arbitration summaries under the heading “arbitration.”
Labor Arbitration in Government. Horsham, Penn.: LRP Publications, 1972– .
This source from the American Arbitration Association provides monthly summaries of arbitration awards involving federal, state, and local government employees (excluding those in schools).
National Arbitration Center - http://www.lawmemo.com/arb/award/default.htm
This free website provides full texts of several hundred awards from 1988 to date, submitted by the arbitrators who are listed in the arbitrator directory on the site. Awards are searchable by keyword. A chronological list of awards is provided.
PersonNet.com. Eagan, Minn.: West Group. http://www.personnet.com
A subset of this fee-based database, Arbitrators’ Decisions, contains the full texts of arbitration awards on federal government human resource issues beginning in 19 73.Italso includes selected federal court decisions related to these awards from 1978 to date. The awards and cases in the Arbitrators’ Decisions database can also be searched on Westlaw (PNET-ARB). It is also possible to search Westlaw separately for the awards (ARB-DEC) or federal court decisions (ARB-CS).
Summary of Labor Arbitration Awards. Horsham, Penn.: LRP Publications, 1959– .
This monthly service from the American Arbitration Association summarizes arbitration awards in the private sector. It provides semi-annual and annual indexes listing cases by arbitrator and topic. The full text of these awards is available upon request from the Association.
Shepard’s Labor Arbitration Citations. Colorado Springs, Colo.: Shepards, 1989– .
This work contains references to state and federal cases on labor arbitration and to statutes and regulations pertaining to labor arbitration. It is useful for determining whether awards published in Labor Arbitration Awards or Labor Arbitration Reports have been cited in subsequent awards in these two publications. It also provides a table of cases and arbitration awards by name of party. Unfortunately, it does not provide information about court decisions that enforce or vacate arbitration awards.
Information About Dispute Resolution Professionals
Publications, Services, and Databases
The sources discussed below for finding alternative dispute resolution professionals should be used with some caution. Frequently, they only include individuals who volunteer biographical information or pay to be listed, so there are likely to be numerous omissions. In addition, the information, once provided, may not be kept current. When possible, it is advisable to compare listings information from several sources.
Arbitrators’ Qualification Reports. Charlotte, N.C.: R. C. Simpson.
This service provides reports on arbitrators, listing the awards that they have made by subject, recommendations of parties who have used the arbitrator, and lists of published awards by the arbitrator. The service can provide some unpublished arbitration awards. To order, contact R. C. Simpson at 5950 Fairview Rd, Charlotte, N.C. 28210-3104; telephone: (704) 553-0716; fax: (704) 553-0734.
Arbitrators’ Biographies. Chicago, Ill. CCH, 1961– .
This directory of arbitrators appears initially in the looseleaf volume of the Labor Arbitration Awards set discussed earlier. It provides alphabetical listings of arbitrators whose awards appear in the service. These listings include address and telephone information, affiliations, current and past positions, publications, issues arbitrated, and the industries involved. Each bound volume of the set contains a directory of the arbitrators whose awards appear in the volume.
Arbsearch.com. Horsham: Penn., LRP. http://www.arbsearch.com
This fee-based Web service offered by LRP, publisher of the Labor Arbitration Information System, allows subscribers to search for information on over 4,000 arbitrators, including biographies, summaries of awards arbitrated, and statistical analyses by prevailing party of the awards. It links to summaries of their awards with citations.
Directory of Arbitrators. Washington, D.C.: Bureau of National Affairs, 1937– .
This directory initially appears in looseleaf format in the labor arbitration section of the Master Index volume of the Labor Relations Reporter described earlier. It subsequently appears in the bound cumulative digest and index volumes of this publication. Biographies are arranged alphabetically by name and provide address and telephone information, education, experience, professional affiliations, and lists of cases, contracts arbitrated, and industries involved. The directory is also available on LexisNexis (ARBBIO) and on Westlaw (LRR-DIR).
Instant Computer Arbitration Search (ICAS). Fort Washington, Penn.: LRP.
This fee-based service conducts searches on its database, Labor Arbitration Information System, discussed earlier. Reports with information about individual arbitrators, including summaries of awards arbitrated, biographical data, and statistical analyses by prevailing party of the awards are provided. The awards included in the database are also found in the Labor Arbitration Information System. For further information, call (800) 341-7874, ext. 274.
Martindale-Hubbell Dispute Resolution Directory. Summit, N.J.: Martindale-Hubbell, 1994– .
This directory provides contact information and practice areas for dispute resolution professionals. Individuals are listed alphabetically under each U.S. geographic jurisdiction. Indexes by practice area and name are also provided. It is available on LexisNexis (DRD) and on the Web at http://www.martindale.com/xp/Martindale/Dispute_Resolution/Search_Dispute_Resolution_Directory/qual_search.xml.
National Arbitration Center. Salem, Ore.: LawMemo.com - http://www.lawmemo.com/arb/award/default.htm
This free website provides contact information and detailed biographies for arbitrators who pay to be listed. Arbitrators are listed by state and can be found through key word searching. Links are provided to awards submitted by the arbitrators.
PersonNet.com. Eagan, Minn.: West Group. http://www.personnet.com/
From the fee-based database, Arbitrators’ Decisions, containing federal sector arbitration awards, this resource includes biographical data and statistics for arbitrators whose awards are contained in the database. The statistics list union wins, management wins and split decisions for those federal sector cases in the database. The biographies and statistics in the Arbitrators’ Decisions database, described earlier, can also be searched on Westlaw (PNET-ARB). It is also possible to search Westlaw separately for the biographies (ARB-BIO) or statistics (ARB-STAT).
Alliance for Education in Dispute Resolution.
This consortium of universities and professional dispute resolution organizations provides training and educational programs on employment mediation and arbitration. It also conducts research on workplace alternative dispute resolution. Its website at http://www.ilr.cornell.edu/alliance/ includes a roster of employment arbitrators and mediators who have completed its training programs. For further information, contact the Alliance through the Cornell Institute on Conflict Resolution, 621 Catherwood Library Tower, Ithaca, New York 14853-5378; (607) 255-6974.
American Arbitration Association.
This organization is dedicated to dispute resolution through mediation, arbitration, democratic elections, and other voluntary methods. It maintains a “Roster of Neutrals,” a list of arbitrators considered by this organization to be experts in arbitration. Names of neutrals may be obtained for a charge from the regional offices of the association, which can be found at its Web site at http://www.adr.org/. This association also provides biographical information on mediators at http://www.mediatorindex.com/. For further information, contact the Association at 140 W. 51st St., New York, N.Y. 10020; (212) 484-4000.
CPR Institute for Dispute Resolution.
This organization, created by corporations using ADR services, is dedicated to developing new procedures for dispute resolution and to providing educational programs to promote alternative dispute resolution. It maintains international and national rosters of 700 prominent attorneys, former judges, legally-trained executives, and academics available to mediate or arbitrate a business or public dispute. Information on these individuals can be obtained for a fee from the organization’s website at http://www.cpradr.org/panels.htm. For further information, contact the Institute at 366 Madison Ave., New York, N.Y. 10017-3122; (212) 949-6490.
Federal Mediation and Conciliation Service. Office of Arbitration Services.
This independent government agency promotes sound and stable labor-management relations through mediation and arbitration services. It maintains a roster of approximately 1,250 active arbitrators and provides lists of arbitrators and their qualifications for a fee. Further information about this service is available through its Web site at http://www.fmcs.gov. For further information, contact the Service at 2100 K St., N.W., Washington, D.C. 20427; (202) 606-8100.
National Mediation Board.
The Board was established by the Railway Labor Act, governing railroad and airline labor relations. It provides mediation services for the resolution of “major disputes” involving rates of pay, rules, or working conditions and provides arbitration services for “minor disputes” (employee grievances arising under collective bargaining agreements). The Board maintains a roster of those certified to serve as arbitrators of railroad and airline grievances. For further information, contact the Board at 1301 K Street NW, Suite 250 East, Washington, D.C. 20005-7011; 202-692-5000, or at its Web site at http://www.nmb.gov.
Resources Available Only to Union Advocates
A few larger national unions with centralized arbitration departments, including the United Steelworkers Union and the United Automobile Workers Union, maintain private lists rating arbitrators, only available to representatives of or advocates for those unions. The AFL-CIO Lawyers Coordinating Committee in approximately 2000 launched an online service accessible only by its members (attorneys who represent unions). Attorneys who have experience with particular arbitrators are asked whether they would use that arbitrator again. Once there are a minimum number of responses, the service reports the responses as a numerical rating separately for the categories of discharge cases, contract language cases and interest arbitration. The service also identifies lawyers who have used particular arbitrators so the lawyers may be contacted for further information. The AFL-CIO Lawyers Coordinating Committee is located at 815 Sixteenth Street, N.W., 6th Floor, Washington, D.C. 20006; (202) 637-5214.
Procedural and Ethical Rules
The following sources shape the process of alternative dispute resolution and the conduct of the professionals who are involved. Although hard copies are available, only electronic versions are listed since these contain the most up to date changes. BNA’s Labor and Employment Law Library1 includes many of the sources discussed below.
American Arbitration Association. Labor Arbitration Rules. http://www.adr.org/index2.1.jsp?JSPssid=15747
These rules contain procedures for parties who use the labor arbitration services of the American Arbitration Association pursuant to an arbitration clause in a collective bargaining agreement. Expedited Labor Arbitration Procedures are included.
American Arbitration Association. National Rules for the Resolution of Employment Disputes. http://www.adr.org/index2.1.jsp?JSPssid=15747
These rules set forth procedures for arbitration or mediation of employment disputes by parties, not subject to a collective bargaining agreement, who agree to observe them.
Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising out of the Employment Relationship. http://www.adr.org/index2.1.jsp?JSPssid=15769
This protocol represents the work of a Task Force on Alternative Dispute Resolution, composed of delegates from organizations with experience in workplace alternative dispute resolution. It sets guidelines to ensure fairness and equity in resolving statutory workplace disputes.
Model Standards of Conduct for Mediators. http://www.adr.org/index2.1.jsp?JSPssid=15718
These standards were jointly developed by the American Arbitration Association, the American Bar Association, and the Society of Professionals in Dispute Resolution. They are intended to guide mediators and to instill confidence in parties and the general public about the process of mediation.
Code of Professional Responsibility for Arbitrators of Labor-Management Disputes of the Federal Mediation and Conciliation Service, National Academy of Arbitrators, American Arbitration Association. http://www.fmcs.gov/internet/itemDetail.asp?categoryID=198&itemID=16989
This code governs voluntary arbitration of disputes arising under collective bargaining agreements. It applies to members of the National Academy of Arbitrators and arbitrators on the rosters of the American Arbitration Association and the Federal Mediation and Conciliation Service.
Code of Professional Responsibility, Advisory Opinions
The Committee on Professional Responsibility of the National Academy of Arbitrators issues advisory opinions interpreting the Code of Professional Responsibility for Arbitrators of Labor Management Disputes. These numbered advisory opinions each state a factual circumstance and then discuss it and assess the ethical conduct for an arbitrator in that situation. As of 2004, some of the advisory opinions have been rescinded and others are being revised in light of recent amendments to the Code related to arbitrator advertising and solicitation. The current advisory opinions are posted in the web-based BNA Labor and Employment Law Library at http://laborandemploymentlaw.bna.com/. (On the home page of the BNA Labor and Employment Law Library, click “Complete Library,” then under “Labor Arbitration” click “Labor Arbitration Rules, Procedures and Directories,” and under that click “National Academy of Arbitrators Committee on Professional Responsibility and Grievances Advisory Opinions.”) Following revision, they are also likely to be posted on the web site of the National Academy of Arbitrators at http://www.naarb.org.
Other Resources on Workplace Dispute Resolution
Bognanno, Mario F. and Charles J. Coleman, eds., Labor Arbitration in America. New York, N.Y.: Praeger, 1992.
This work reports on the results of a survey conducted fromin 1986– to 1987 of professional arbitrators in Canada and the United States. It profiles their backgrounds, qualifications, earnings, and work. A list of agencies that supplied names of arbitrators and an index are included.
Brand, Norman, ed., Discipline and Discharge in Arbitration. Washington, D.C.: Bureau of National Affairs, 1998. 2001 Supplement. Anne L. Draznin, ed. Washington, D.C.: Bureau of National Affairs, 2001.
This is a comprehensive treatise on arbitration of employee discipline and discharge under collective bargaining agreements. The first chapter provides a practical guide to advocacy in discipline cases. Other chapters address theories of just cause, evidentiary and procedural questions, remedies, consideration of external law, and judicial review. Most of the book is devoted to analysis of arbitration decisions, organized according to the basis of the employee’s conduct, including attendance, job performance, substance abuse, dishonesty, workplace and off-duty misconduct and union activities. Each section includes numerous citations to relevant published arbitration awards. The book includes a detailed index and table of court cases cited. The supplement covers decisions issued between 1996 and 2000. It includes the 1995 Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising Out of the Employment Relationship and provides tables of arbitration decisions, arbitrators and court cases that cover both the main volume and the supplement.
Carbonneau, Thomas E., The Law and Practice of Arbitration. Huntington, N.Y.: Juris Publishing, 2004.
Chapter 8 of this general work on arbitration focuses on workplace arbitration. It provides an in-depth analysis of the major cases related to labor and employment arbitration law. It also includes provisions for a model arbitration agreement.
Coulson, Robert, Labor Arbitration: What You Need to Know. Rev. 5th ed. Edited with additional material by Kristine L. Sova. Huntington, N.Y.: Juris Publishing, 2003.
This work is a handbook for persons engaged in labor arbitration. It highlights issues to consider before arbitrating, how to select an arbitrator, how an arbitration proceeds, and when arbitration is used in the public sector. Much of the work consists of useful appendices: the American Arbitration Association Labor Arbitration Rules, a glossary of useful terminology, summaries of leading N.L.R.B. and court decisions, standards for “just cause” in disciplinary and discharge cases, a bibliography of books on labor arbitration, and texts of major statutes. A directory of the offices of the American Arbitration Association is also included.
Denenberg, Tia Schneider and R.V. Denenberg, Alcohol and Other Drugs: Issues in Arbitration. Washington, D.C.: Bureau of National Affairs, 1991.
This work discusses legal and policy issues related to alcohol and drug use and abuse in the workplace. It addresses drug testing, evidentiary matters, and work rules. Relevant arbitration and court rulings are excerpted and a topically-arranged table of arbitration rulings and an index are provided.
Dolson, William F., Max Zimny, and Christopher A. Barreca, eds., Labor Arbitration: Cases and Materials for Advocates. Washington, D.C.: Bureau of National Affairs, 1997.
This work is a companion to the Zimny training text discussed later. It is designed for training labor arbitration advocates. It includes materials for simulated arbitrations and contains sample documents, forms, hearing transcripts, and awards. Topics covered include discipline and discharge, seniority, leaves, holidays, strikes, and management rights.
Dunlop, John Thomas and Arnold M. Zack, Mediation and Arbitration of Employment Disputes. San Francisco: Jossey-Bass Publishers, 1997.
This work traces the development of alternative dispute resolution through union contracts and statutory law and examines due process provisions in employer-promulgated dispute resolution systems. It also discusses and advocates use of the Due Process Protocol of Mediation and Arbitration of Statutory Disputes Arising Out of the Employment Relationship. The text of the Protocol is included along with a Massachusetts state policy implementing it.
Eaton, Adrienne E. and Jeffery H. Keefe, eds., Employment Dispute Resolution and Worker Rights in the Changing Workplace. Champaign, IL : Industrial Relations Research Association, 1999.
This scholarly work examines developments and research trends related to modern workplace dispute resolution. Initial chapters focus on arbitration practices in the nonunion sector and discuss the need for more research on the resolution of employment disputes. They are followed by chapters covering union grievance procedures and mediation practice. Later chapters examine the effects of new organizational structures such as teams on dispute resolution and then highlight dispute resolution in the public sector and building trades. Each chapter provides an extensive bibliography of useful readings. In their introduction, the editors identify gaps in current research and recommend new areas for further study.
Elkouri, Frank and Edna Asper Elkouri, Resolving Drug Issues. Washington, D.C.: Bureau of National Affairs, 1993.
This work provides arbitrators and advocates with helpful scientific and legal information on drug use, abuse, and testing in the employment context. Following an overview of the drugs commonly involved in grievances, commentary on the applicable constitutional, statutory, regulatory, and case law governing drug cases is provided. Appendices contain selected executive branch guidelines and orders and numerous arbitrations involving drug use are cited and analyzed throughout the text. A case table and an index are provided.
Estreicher, Samuel and David Sherwyn, eds., Alternative Dispute Resolution in the Employment Arena: Proceedings of the New York University 53rd Annual Conference on Labor. New York, N.Y.: Kluwer Law International, 2004.
The proceedings of this conference provide a comprehensive review of the current law and practice of alternative dispute resolution in the workplace. Part one focuses on arbitration and peer review of statutory employment claims and presents the ADR policies of several major U.S. companies. The second part describes several empirical studies of employment arbitration. This is followed by a review of major litigation involving arbitration of labor and employment arbitration. A final part provides perspectives on mediation.
Federal Administrative Dispute Resolution Deskbook. Chicago, Ill.: American Bar Association. Section of Administrative Law and Regulatory Practice, 2001.
This work discusses the forms of alternative dispute resolution used by various federal agencies. It provides commentaries on legislation, offers practical tips and discusses experiences in specific agencies. Several chapters focus on labor and employment dispute resolution including chapter 4 on labor arbitration services of the Federal Mediation and Conciliation Service; chapter 15 on alternative dispute resolution in the federal workplace; and chapter 16 on mediation of federal employment discrimination charges. Bibliographical references are provided.
Gleason, Sandra E., ed., Workplace Dispute Resolution: Directions for the 21st Century. East Lansing, Mich.: Michigan State University Press, 1997.
This work analyzes the history and future of various types of dispute resolution in unionized and nonunionized employment settings. It includes sociological and psychological perspectives from the United States, Europe, and Japan. Bibliographic references and an index are provided.
Gorman, Robert A. and Matthew W. Finkin, Basic Text on Labor Law: Unionization and Collective Bargaining. 2d ed. St. Paul, Minn.: West (2004).
This is a comprehensive treatise on the law of labor-management relations. It covers several topics related to arbitration including the legal status of collective bargaining agreements, substantive and procedural arbitrability, duties of a successor employer, judicial review of labor arbitration awards, injunctions, deferral, preemption and the duty of fair representation.
Green, Jon W. and John W. Robinson, IV, eds., Employment Litigation Handbook. Chicago, Ill.: Section of Litigation, American Bar Association, 1998.
This work, designed for employment law attorneys, emphasizes litigation issues, but two chapters cover mediation and arbitration of employment disputes. Chapters 14 and 15 offer short employer and employee perspectives on these forms of alternative dispute resolution. Topics covered include laws and procedural rules governing arbitration and mediation, circumstances leading to mandatory or voluntary arbitration and mediation, pitfalls of arbitration, and tips for avoiding mandatory arbitration. Bibliographic references are provided.
Grenig, Jay E., Alternative Dispute Resolution with Forms. St. Paul, Minn.: West Publishing Co., 1997.
This is a comprehensive treatise on all methods of alternative dispute resolution. It is updated by a pocket part. Chapter 15 addresses mediation, arbitration and fact-finding in labor and employment disputes. Appendix D includes forms for a wide variety of documents used in arbitration and mediation. The treatise is distributed with a computer disk including the forms. The treatise is also available on Westlaw (ADR).
Hadley, Ernest C., A Guide to Federal Sector Labor Arbitration. 2d ed. Arlington, Va.: Dewey Publications, 1999.
This is a comprehensive treatise on the grievance and arbitration process for federal employees. It broadly covers substance, procedure and remedies. Additional topics include whistleblower protections, the right to union representation and review of arbitration awards.
Hancock, William A., ed., Corporate Counsel’s Guide to Alternative Dispute Resolution in the Employment Context, Business Laws. 2d ed. Chesterland, Ohio : Business Laws, 1996.
This work is intended as a handbook to assist corporate attorneys in developing alternative dispute resolution policies and programs. It discusses programs in place at several corporations and includes sample forms, policies, and procedures. Appendices provide information about various organizations and government agencies involved in alternative dispute resolution and their rules for settling disputes. A topical index is included.
Hardin, Patrick and John E. Higgins, Jr., eds., The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act. 4th ed. Washington, D.C.: Bureau of National Affairs, 2002. 2 vols.
Although most of this work discusses legal developments surrounding the National Labor Relations Act, chapters 17 and 18 focus on the role of arbitration in labor relations. It is thoroughly indexed and provides extensive footnote references to cases. It is kept current through cumulative supplements.
Hauck, Vern E., Arbitrating Race, Religion, and National Origin Discrimination Grievances. Westport, Conn.: Quorum Books, 1997.
This work focuses on arbitration of discrimination grievances based on race, religion, and national origin in both unionized and nonunionized workplaces. Part one of the book discusses the history and practice of arbitration in these types of cases; part two analyzes court rulings and arbitration awards for selected issues in each category of discrimination. A bibliography and index are included.
Hauck, Vern E., Arbitrating Sex Discrimination Grievances. Westport, Conn.: Quorum Books, 1998.
This work focuses on arbitration of discrimination grievances related to employment status, employment conditions, sexual harassment, pregnancy, and childbearing. Part one reproduces the text of the author’s earlier work covering arbitration of race, religion, and national origin discrimination grievances. Part two examines specific court decisions and arbitration awards for selected issues for each type of discrimination. Both a bibliography and an index are provided.
Hauck, Vern E., Arbitrating Sexual Harassment Cases. Washington, D.C.: Bureau of National Affairs, 1995.
This work provides full texts and abstracts of arbitration awards and court decisions from the mid-1940’s to the early 1990’s related to sexual harassment. Also included are tables of awards and cases arranged by harassment issue, citation, and party names and government policies related to sexual harassment. Brief analyses of the law are reprinted from other sources. Appendices contain arbitration and ethics rules, statutes, and a test recommended for determining "just cause" discipline. An index and table of cases are also provided.
Hill, Marvin F. and Anthony V. Sinicropi, Evidence in Arbitration. 2d ed. Washington, D.C.: Bureau of National Affairs, 1987.
Although labor arbitrators do not generally adhere to the strict evidentiary rules applicable in judicial tribunals, there are principles of evidence arbitrators generally follow. This treatise addresses admission of evidence, rules of contract interpretation, and the effect of collateral proceedings and prior arbitration awards. This books is extensively footnoted with citations to arbitration awards and includes an index.
Hill, Marvin F. and Anthony V. Sinicropi, Management Rights: A Legal and Arbitral Analysis. Washington, D.C.: Bureau of National Affairs, 1986.
This volume addresses the theories of management rights and past practice in arbitration and then offers a comprehensive survey of the application of these theories to a wide range of workplace issues from minor work rules to major business decisions. It includes bibliographical references and an index.
Hill, Marvin F. and Anthony V. Sinicropi, Remedies in Arbitration. 2d ed. Washington, D.C.: Bureau of National Affairs, 1991.
This work first examines the sources of authority for arbitral remedies. It then provides in-depth commentary on remedies for discharge and disciplinary cases and remedies for nondisciplinary cases.
Hill, Marvin F. and Anthony V. Sinicropi, Winning Arbitration Advocacy. Washington, D.C.: Bureau of National Affairs, 1997.
This work offers practical tips for successful arbitration advocacy from pre-hearing through post-hearing and identifies common mistakes made by advocates. It also provides information about interest arbitration and for particular types of grievance cases, including drug and alcohol, discrimination, and off-duty misconduct. An index and bibliographic references are included.
Koven, Adolph M. and Susan L. Smith, Just Cause: The Seven Tests. 2d ed. Revised by Donald F. Farwell. Washington, D.C.: Bureau of National Affairs, 1992.
This book comments on tests developed by arbitrator Carroll R. Daugherty to determine if just cause existed for discharge and disciplinary actions. These tests are notice, reasonable rules and orders, the existence and quality of the employer’s investigation, proof of misconduct, equality of treatment, and type of penalty. The work includes a detailed index and bibliographic references to cases.
Kramer, Henry S., Alternative Dispute Resolution in the Workplace. New York, N.Y.: Law Journal Seminars Press, 1998.
This desk reference for legal counsel, human resources managers, employers, employees, unions, and public interest groups provides legal guidance in the construction and management of alternative dispute resolution systems. It discusses the advantages and disadvantages of each type of system and offers practical advice for successful dispute resolution. Eleven chapters cover the development of alternative dispute resolution and its use for resolving statutory disputes, “at will” employment disputes, and disputes under collective bargaining agreements. Court-annexed alternative dispute resolution, securities industry applications, privately developed systems, and human resources considerations are also covered. The work includes an index and appendices with sample alternative dispute resolution agreements, statutes, and rules of practice.
Leslie, Douglas L., ed., Railway Labor Act. Washington, D.C.: Bureau of National Affairs, 1995. 2001 Cumulative Supplement.
This book and its supplement provide a comprehensive treatise on the Railway Labor Act, governing labor relations in the airline and railroad industries. It was written by members of the Railway and Airline Labor Law Committee of the American Bar Association, Section of Labor and Employment Law, and includes an index and table of cases. Chapter 5 provides an overview of the complex system for resolution of disputes arising under collective bargaining agreements in the airline and railroad industries. The book also includes the text of the Railway Labor Act, and a mediation manual and rules of the National Mediation Board.
Loughran, Charles S., How to Prepare and Present a Labor Arbitration Case: Strategy and Tactics for Advocates. Washington, D.C.: Bureau of National Affairs, 1996.
This one-volume work guides readers through all phases of labor arbitration and serves as a excellent “how to” manual for novice arbitration advocates. Topics covered include selecting an arbitrator, preparing witnesses, assembling evidence, presenting the case, and challenging arbitration awards. It also provides forms, model questions, arbitration and evidence rules, and a bibliography.
McDermott, E. Patrick and Arthur Eliot Berkeley, Alternative Dispute Resolution in the Workplace: Concepts and Techniques for Human Resource Executives and Their Counsel. Westport, Conn.: Quorum Books, 1996.
This work traces the development of alternative dispute resolution in employment, contrasts its benefits to litigation, and introduces a few corporate dispute resolution programs currently in existence. The appendix includes a detailed analysis of the Brown & Root Dispute Resolution Program. A bibliography and index are included.
Nolan, Dennis R., Labor and Employment Arbitration in a Nutshell. St Paul, Minn.: West Group, 1998.
This work provides a basic overview of the history and practice of arbitration in union and nonunion workplaces. Topics include arbitration procedure and practice, applicable external laws affecting arbitration, the interplay between arbitration and administrative or judicial tribunals, and issues subject to arbitration. Appendixes provide arbitration rules and forms and selected statutes. Tables of cases and statutes and an index are provided.
Resolving Employment Disputes: A Practical Guide. New York, N.Y.: American Arbitration Association, 1997- .
This brief work provides an introductory overview of various forms of alternative dispute resolution that can be utilized in the workplace. It includes sample ADR clauses and the Due Process Protocol. The guide is kept up to date on the Web at <http://adr.org>.
Stern, James L. and Joyce M. Najita, eds., Labor Arbitration Under Fire. Ithaca, N.Y.: ILR Press, 1997.
This work contains essays by scholars and practitioners that cover the development and impact of private and public sector labor arbitration since the 1960’s. Union and nonunion arbitration are discussed from the perspectives of both employers and employees. Included are an index and table of cases.
Wilkinson, John H., ed., Donovan Leisure Newton & Irvine, ADR Practice Handbook. New York, N.Y.: John Wiley & Sons, 1990.
This work, consisting of contributions by scholars and practitioners, provides both historical background and practical information on general alternative dispute resolution. It outlines the steps involved in arbitration and mediation and recommends tactics to use. Also included are chapters describing the relationship between alternative dispute resolution and litigation, ethical concerns, client counseling, and implementation of corporate dispute resolution programs. The work provides a case table and topical index and 1993 cumulative supplement.
Zack, Arnold M., A Handbook for Grievance Arbitration: Procedural and Ethical Issues. New York, N.Y.: American Arbitration Association and Lexington Books, 1992.
This work, aimed at arbitrators and advocates, presents procedures for conducting arbitrations and the ethical issues involved. It includes a bibliography and an index.
Zack, Arnold M., Arbitrating Discipline and Discharge Cases. Horsham, Penn.: LRP Publications, 2000.
This work is designed as a guide for parties confronting workplace discipline and discharge matters. It covers the nature of disciplinary rules and causes for discipline and discharge. After discussing pre-arbitration considerations and procedures, the work details the process of arbitration and explains the remedies available. In concluding, the author provides recommendations for decreasing costs and increasing efficiency in arbitration. An index is included.
Zack, Arnold M., and Richard I. Bloch, Labor Agreement in Negotiation and Arbitration. 2d ed. Washington, D.C.: Bureau of National Affairs, 1995.
This work provides an introduction to techniques for resolving disputes through careful labor contract negotiation and for arbitration when required by agreement. It covers preparing and presenting an arbitration case. The text includes sections on arbitral decision making regarding typical contract provisions and hypothetical problems and discussion questions related to each type of provision. An index and bibliographic references are provided.
Zimny, Max, William F. Dolson, and Christopher A. Barreca, eds., Labor Arbitration: A Practical Guide for Advocates. Washington, D.C.: Bureau of National Affairs, 1990.
This work, providing commentary from both union and management experts, is intended primarily as a training tool for beginning arbitration advocates. The topics covered include historical and legal foundations for arbitration, practices and procedures, and the internal and external laws governing arbitration. An index and bibliographic references are provided.
Only a few periodicals focus specifically on labor arbitration and other forms of dispute resolution in employment, but general legal periodicals often contain articles on these topics. To identify articles of interest, consult:
Index to Legal Periodicals & Books. Bronx, N.Y.: H. W. Wilson, 1926– .
For articles published since 1980, this index is available on CD-ROM, on the Web at http://www.hwwilson.com/databases/legal.htm, and on LexisNexis (ILP) and Westlaw (ILP).
Current Law Index. Los Altos, Calif.: Information Access, 1980– .
This index is also available as LegalTrac on CD-ROM and on the Web at http://infotrac.galegroup.com, and on LexisNexis (LGLIND) and Westlaw (LRI).
Alternative Dispute Resolution Journals
ADR & the Law: A Report of the American Arbitration Association, the Fordham International Law Journal and the Fordham Urban Law Journal. New York, N.Y.: American Arbitration Association, 1997– .
Formerly Arbitration and the Law (1981–1994), each volume of this annual publication contains a section on labor arbitration which includes case digests and short articles. It has an annual index and case table in each volume.
Cardozo Journal of Conflict Resolution. New York, N.Y.: Benjamin N. Cardozo School of Law. Yeshiva University, 1999- . http://www.cardozojcr.com/issues.html
This Web-based semi-annual journal, formerly Cardozo Online Journal of Conflict Resolution (1998-1999), contains student-edited articles on all aspects of dispute resolution.
The Dispute Resolution Journal of the American Arbitration Association. New York, N.Y.: American Arbitration Association, 1993– .
Formerly The Arbitration Journal (1937–1993), this quarterly journal covers the full spectrum of the dispute resolution field including labor relations. It contains short articles by practitioners and scholars. It is also available on LexisNexis (DRJNL) and Westlaw (DRJ) from 1993.
Dispute Resolution Magazine. Washington, D.C.: American Bar Association. Section of Dispute Resolution, 1994- .
This quarterly magazine contains practitioner-oriented articles on a wide range of dispute resolution topics. It also includes summaries of recent judicial and legislative developments and a calendar of upcoming conferences and meetings.
Harvard Negotiation Law Review. Cambridge, Mass.: Harvard Law School, 1996- .
This annual student-edited journal is aimed at lawyers and legal scholars. It provides interdisciplinary treatment of negotiation as it relates to law and legal institutions. It is also available on LexisNexis (HRVNLR) from 1997 and on Westlaw (HVNLR) from 1996.
Journal of Alternative Dispute Resolution in Employment. Riverwoods, Ill., CCH, 1999-2001.
This short-lived quarterly periodical was aimed at human resources and dispute resolution professionals. Each issue included discussions of recent case law, mediation, arbitration, technological changes, regulatory developments, and ethics issues arising in the employment arena.
Journal of American Arbitration. Huntington, N.Y.: Juris Publications., 2001- .
This semi-annual journal is jointly edited by law students at the Tulane Arbitration Institute and Penn State Dickinson School of Law. It covers developments in all aspects of U.S. arbitration law.
Journal of Dispute Resolution. Columbia, Mo.: Center for the Study of Dispute Resolution, School of Law, University of Missouri-Columbia, 1988- .
Formerly the Missouri Journal of Dispute Resolution (1984-1987), this semi-annual publication is published in conjunction with the Center for the Study of Dispute Resolution. It contains scholarly articles on all forms of alternative dispute resolution. It also is available on LexisNexis (JDISPR) from 1995 and Westlaw (JDR) from 1993.
Ohio State Journal on Dispute Resolution. Columbus, OH: Ohio State University College of Law, 1985- .
This quarterly journal is published in cooperation with the American Bar Association Section of Dispute Resolution. It contains scholarly and practitioner-oriented articles covering many aspects of dispute resolution. The fourth issue of each volume contains a selective bibliography of books and articles on dispute resolution.2 This journal is available on LexisNexis (OHSJDR) from 1995 and on Westlaw (OHSJDR) from 1985.
Pepperdine Dispute Resolution Law Journal. Malibu: Calif., 2000- .
This student-edited journal is published three times a year. It provides scholarly articles on dispute resolution issues of importance to students, practitioners and academics. It is available on LexisNexis (PEPPDR) from 2000 and Westlaw (PEPDRLJ) from 2000.
Labor and Employment Journals
Berkeley Journal of Employment and Labor Law. Berkeley, Calif.: University of California Press, 1993– .
Formerly titled Industrial Relations Law Journal (1976–1992), this semi-annual scholarly journal provides comprehensive coverage of employment and labor law. Each volume includes an index and book reviews. It is also available on Westlaw (BERKJELL) from 1984.
Employee Relations Law Journal. New York, N.Y.: Executive Enterprises Publications Co., 1975– .
This quarterly practitioner-oriented journal covers equal opportunity, occupational health and safety, labor-management relations, and employee benefits and compensation problems. This journal is available on Westlaw (EMRELLJ) from 1986.
Employee Responsibilities and Rights Journal. New York, N.Y.: Plenum Press, 1988- .
This quarterly journal is published for the Council on Employee Responsibilities and Rights. It contains scholarly articles on employment issues written by lawyers, economists, sociologists, psychologists, and philosophers.
Employee Rights and Employment Policy Journal. Chicago, Ill. Chicago-Kent College of Law and the National Employee Rights Institute, 1997– .
This semi-annual scholarly journal addresses both legal and employment policy issues in the union and nonunion workplace.
Hofstra Labor Law Journal. Hempstead, N.Y.: Hofstra University, 1984–1997.
This quarterly scholarly journal is available on LexisNexis (HLABLJ) from 1993 and on Westlaw (HOFLLJ) from 1984.
Industrial and Labor Relations Review. Ithaca, N.Y.: New York State School of Industrial and Labor Relations, Cornell University, 1947– .
This journal covers all aspects of the employment relationship, with a focus on academic empirical studies. It is also available on Westlaw (ILBRELREV) from 1989.
Labor Law Journal. Chicago, Ill. CCH, 1949– .
This monthly practitioner-oriented journal offers short articles on labor issues. An annual index is provided.
The Labor Lawyer. Chicago, Ill. American Bar Association, 1985– .
This journal appears three times per year and is aimed at practitioners, judges, administrators, and the interested public. An annual index is provided. This journal is also available on Westlaw (LABLAW) from 1987.
New York University Annual Conference on Labor. Proceedings. New York, N.Y.: New York University, 1948– .
Formerly the New York University Annual National Conference on Labor (1977–1996) and the New York University Annual Conference on Labor (1948–1976), this annual publication contains the papers presented by scholars, practitioners, and human resources professionals at each conference. Consolidated indexes are available for 1948–1983 (v. 1–35) and 1984–1989 (v. 36–41).
Alliance for Education in Dispute Resolution. http://www.ilr.cornell.edu/alliance/
The Alliance’s website includes information on its training programs and research projects, a “resource library” containing articles, bibliographies, guides, protocols, standards, and statutes.
American Arbitration Association.4 http://www.adr.org/
The Association’s website is replete with information about alternative dispute resolution. It has separate pages for labor and employment that include ethics and arbitration rules, disciplinary rulings, model procedures, sample forms, articles, practice guides, state and federal statutes, information on the association’s regional offices, bibliographies, publication order forms, and links to other Internet sites. It also has a library page that provides access to library research and document services. Information about its roster of neutrals is also available.
American Bar Association. Section of Dispute Resolution. http://www.abanet.org/dispute/home.html
This section of the American Bar Association supports legal professionals engaged in myriad forms of dispute resolution. It offers continuing education programs and online discussion forums and publishes books, periodicals, and conference reports that are listed on its Web site. It also provides links to other organizations and resources related to dispute resolution. Additional information is available from the Section at 740 15th St., NW, Washington, D.C. 20005-1009; (202) 662-1680.
Association for Conflict Resolution.5 http://www.acrnet.org/
This organization of arbitrators, mediators, hearing examiners, and dispute resolution fact-finders includes a Workplace Section that issues news alerts and a newsletter. The organization offers information and educational programs promoting dispute resolution. This site contains information about the organization, its programs, and its publications. It also provides links to discussion lists and other relevant Internet sites.
CPR Institute for Dispute Resolution.6 http://www.cpradr.org/
The Institute’s website includes a monthly newsletter, model rules and procedures, information for ordering its publications and products, and biographical information on dispute resolution neutrals. The Web site includes model policies for a comprehensive employment dispute resolution program, the CPR Program to Resolve Employment Disputes.
National Academy of Arbitrators. http://www.naarb.org/
The Academy works to improve understanding and use of labor arbitration through research and educational programs. Its website provides information about the organization and its members, its code of ethics and ethics opinions, and the text of the Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising Out of the Employment Relationship.
National Mediation Board. http://www.nmb.gov/index.html
This board’s website includes descriptions of its mediation and arbitration services and alternative dispute resolution training programs. Contact information, forms, regulations, and brief statistical information on the mediation and arbitration cases before the Board are also provided.
Databases of Resources
CRInfo (Conflict Resolution Information Source). http://www.crinfo.org/
This website is maintained by the Conflict Research Consortium at the University of Colorado. It provides references and links to over 20,000 print and electronic resources and organizations related to conflict resolution. It is possible to run searches by broad topics and by key words. Many of the listings include brief annotations.
This database is maintained by the staff of the Georgianna E. Herman Reference Room at the Industrial Relations Center of the University of Minnesota. It provides references to over 70,000 books, journal articles, working papers, proceedings, and websites on industrial relations topics. It is searchable by key word, author, title, and subject.
1 See Arbitration Awards section supra.
2 See Bibliographies section supra.
3 See supra description of Alliance for Education in Dispute Resolution.
4 See supra description of the American Arbitration Association.
5 ACR was formed in 2001 by the merger of the Society of Professionals in Dispute Resolution, the Academy of Family Mediators and the Conflict Resolution Education Network.
6 See supra description of CPR Institute for Dispute Resolution.
[*An earlier version of this research guide was published at 91 Law Library Journal 367 (1999). This essay will appear in Laura J. Cooper, Dennis R. Nolan and Richard A. Bales, ADR in the Workplace (West, Second Edition 2005). Reprinted with permission.]