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The field of arbitration has been a dynamic subject of litigation
in the courts. In recent years, the U.S. Supreme Court has decided
dozens of cases that involve the interpretation of the Federal
Arbitration Act. Moreover, as the Court has broadened the use of
arbitration as the primary and/or exclusive tribunal for deciding
many types of civil law disputes, the lower federal courts have
been inundated with cases involving the application and
interpretation of the federal statute. In addition, courts in every
state have been presented with an avalanche of cases implicating
the federal arbitration statute and the way in which it overlaps
with or conflicts with state law doctrines. This casebook presents
a comprehensive treatment of the legal issues involved in
arbitration. The first four chapters address issues that arise
under written agreements to arbitrate contained in private
contracts. They present the law that has evolved under the Federal
Arbitration Act, a statute that governs arbitration in contracts
involving interstate commerce. Chapter 5 looks at arbitration in
the labor management context that is governed by the Labor
Management Relations Act. Chapter 6 addresses international
commercial arbitration. Together the book is designed to give
students a thorough understanding of arbitration law, and to
provide a solid foundation for legal practice, whether in
alternative dispute resolution tribunals or in the civil justice
system. This latest new edition presents an up to date treatment of
this quickly evolving field. It includes all of the recent Supreme
Court about arbitration, including Kindred Nursing Centers v.
Clark, DirectTV v. Imgurgia, Epic Systems v. Lewis, Lamps Plus v.
Varela, Henry Shein v. Archer, and New Prime v. Oliveira. In
addition, it contains a detailed section on the subject of
Separability, Delegation Clauses and Unconscionability, an area of
law that has become a source of considerable litigation in the wake
of the Supreme Court's decision in Rent-A-Center v. Jackson in
2010. It also includes sections on Arbitration Involving Nonparties
to Arbitration Agreements, because that too has also become an area
of increasing importance in recent years. Additionally, it contains
extensive materials on Arbitration and Class Actions, and On-line
Arbitration, both in the domestic and international arbitration
context. We hope that this new edition of Arbitration Law will
provide law students with a thorough understanding of all the
doctrinal and analytic tools needed to successfully practice law
today. The cases revisit many issues that students encountered in
their first year courses in contracts and civil procedure, but from
a different perspective. We also hope that by revisiting those
subjects from a different perspective, students will gain a deeper
understanding of the interaction between substantive law and the
procedures available for addressing legal claims.
This comprehensive textbook provides an introduction to collective
bargaining and labor relations with a focus on developments in the
United States. It is appropriate for students, policy analysts, and
labor relations professionals including unionists, managers, and
neutrals. A three-tiered strategic choice framework unifies the
text, and the authors' thorough grounding in labor history and
labor law assists students in learning the basics. In addition to
traditional labor relations, the authors address emerging forms of
collective representation and movements that address income
inequality in novel ways. Harry C. Katz, Thomas A. Kochan, and
Alexander J. S. Colvin provide numerous contemporary illustrations
of business and union strategies. They consider the processes of
contract negotiation and contract administration with frequent
comparisons to nonunion practices and developments, and a full
chapter is devoted to special aspects of the public sector. An
Introduction to U.S. Collective Bargaining and Labor Relations has
an international scope, covering labor rights issues associated
with the global supply chain as well as the growing influence of
NGOs and cross-national unionism. The authors also compare how
labor relations systems in Germany, Japan, China, India, Brazil,
and South Africa compare to practices in the United States. The
textbook is supplemented by a website
(ilr.cornell.edu/scheinman-institute) that features an extensive
Instructor's Manual with a test bank, PowerPoint chapter outlines,
mock bargaining exercises, organizing cases, grievance cases, and
classroom-ready current events materials.
Compelled by the extent to which globalization has changed the
nature of labor relations, Harry C. Katz, Thomas A. Kochan, and
Alexander J. S. Colvin give us the first textbook to focus on the
workplace outcomes of the production of goods and services in
emerging countries. In Labor Relations in a Globalizing World, they
draw lessons from the United States and other advanced industrial
countries to provide a menu of options for management, labor, and
government leaders in emerging countries. They include discussions
based in countries such as China, Brazil, India, and South Africa
which, given the advanced levels of economic development they have
already achieved, are often described as "transitional," because
the labor relations practices and procedures used in those
countries are still in a state of flux.Katz, Kochan, and Colvin
analyze how labor relations functions in emerging countries in a
manner that is useful to practitioners, policymakers, and
academics. They take account of the fact that labor relations are
much more politicized in emerging countries than in advanced
industrialized countries. They also address the traditional role
played by state-dominated unions in emerging countries and the
recent increased importance of independent unions that have emerged
as alternatives. These independent unions tend to promote firm- or
workplace-level collective bargaining in contrast to the more
traditional top-down systems. Katz, Kochan, and Colvin explain how
multinational corporations, nongovernmental organizations, and
other groups that act across national borders increasingly
influence work and employment outcomes.
Compelled by the extent to which globalization has changed the
nature of labor relations, Harry C. Katz, Thomas A. Kochan, and
Alexander J. S. Colvin give us the first textbook to focus on the
workplace outcomes of the production of goods and services in
emerging countries. In Labor Relations in a Globalizing World, they
draw lessons from the United States and other advanced industrial
countries to provide a menu of options for management, labor, and
government leaders in emerging countries. They include discussions
based in countries such as China, Brazil, India, and South Africa
which, given the advanced levels of economic development they have
already achieved, are often described as "transitional," because
the labor relations practices and procedures used in those
countries are still in a state of flux.Katz, Kochan, and Colvin
analyze how labor relations functions in emerging countries in a
manner that is useful to practitioners, policymakers, and
academics. They take account of the fact that labor relations are
much more politicized in emerging countries than in advanced
industrialized countries. They also address the traditional role
played by state-dominated unions in emerging countries and the
recent increased importance of independent unions that have emerged
as alternatives. These independent unions tend to promote firm- or
workplace-level collective bargaining in contrast to the more
traditional top-down systems. Katz, Kochan, and Colvin explain how
multinational corporations, nongovernmental organizations, and
other groups that act across national borders increasingly
influence work and employment outcomes.
This comprehensive textbook provides an introduction to collective
bargaining and labor relations with a focus on developments in the
United States. It is appropriate for students, policy analysts, and
labor relations professionals including unionists, managers, and
neutrals. A three-tiered strategic choice framework unifies the
text, and the authors' thorough grounding in labor history and
labor law assists students in learning the basics. In addition to
traditional labor relations, the authors address emerging forms of
collective representation and movements that address income
inequality in novel ways. Harry C. Katz, Thomas A. Kochan, and
Alexander J. S. Colvin provide numerous contemporary illustrations
of business and union strategies. They consider the processes of
contract negotiation and contract administration with frequent
comparisons to nonunion practices and developments, and a full
chapter is devoted to special aspects of the public sector. An
Introduction to U.S. Collective Bargaining and Labor Relations has
an international scope, covering labor rights issues associated
with the global supply chain as well as the growing influence of
NGOs and cross-national unionism. The authors also compare how
labor relations systems in Germany, Japan, China, India, Brazil,
and South Africa compare to practices in the United States. The
textbook is supplemented by a website
(ilr.cornell.edu/scheinman-institute) that features an extensive
Instructor's Manual with a test bank, PowerPoint chapter outlines,
mock bargaining exercises, organizing cases, grievance cases, and
classroom-ready current events materials.
New ways of managing conflict are increasingly important features
of work and employment in organizations. In the book the world's
leading scholars in the field examine a range of innovative
alternative dispute resolution (ADR) practices, drawing on
international research and scholarship and covering both case
studies of major exemplars and developments in countries in
different parts of the global economy. Developments in the
management of individual and collective conflict at work are
addressed, as are innovations in both unionized and non-union
organizations and in the private and public sectors. New practices
for managing conflict in organizations are set in the context of
trends in workplace conflict and perspectives on how conflict
should be understood and addressed. Part 1 examines the changing
context of conflict management by addressing the main frameworks
for understanding conflict management, the trend in conflict at
work, developments in employment rights, and the influence of HRM
on conflict management. Part 2 covers the main approaches to
conflict management in organizations, addressing both conventional
and alternative approaches to conflict resolution. Conventional
grievance handling and third-party processes in conflict resolution
are examined as well as the main ADR practices, including conflict
management in non-union firms, the role of the organizational
ombudsman, mediation, interest-based bargaining, line and
supervisory management, and the concept of conflict management
systems. Part 3 presents case studies of exemplars and innovators
in the field, covering mediation in the US postal service,
interest-based bargaining at Kaiser-Permanente, 'med-arb' in the
New Zealand Police, and judicial mediation in UK employment
tribunals. Part 4 covers international developments in conflict
management in Germany, Japan, The United States, Australia, New
Zealand, the United Kingdom and China. This Handbook gives a
comprehensive overview of this growing field, which has seen an
huge increase in programmes of study in university business and law
schools and in executive education programmes.
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