This text is suitable for use in law schools, business schools, and schools of industrial relations. It addresses ADR topics through a wide diversity of materials, including judicial decisions, arbitration awards, essays, and questions and problems for class discussion. Sections on judicial determinations of arbitrability, judicial review, injunctions, deferral, and the duty of fair representation offer thorough coverage of legal issues. Extensive treatment of the substance and practice of labor arbitration provides material for courses focusing on labor arbitration practice. Materials on dispute resolution in the nonunion setting address a broad range of issues including law, theory, practice, and policy.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 04/13/2020
Related Subject(s): Employment Law, Employment Law-Human Resources, Labor Arbitration, Labor Law

Laura J. Cooper

Dennis R. Nolan

Richard A. Bales, Ohio Northern University College of Law

Stephen F. Befort, University of Minnesota Law School

Lise Gelernter, State University of New York - Buffalo School of Law

Michael Z. Green, Texas A&M University School of Law

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The fourth edition of ADR in the Workplace is a substantial revision and update of the Third Edition. It includes recent court and arbitration decisions, new scholarly analysis, and updated notes and questions. Each chapter contains new citations to cases and scholarship issued after publication of the Third Edition; these changes will not be individually enumerated. Significant substantive changes to the Fourth Edition include:

  • Chapter 4 (Deferral and Preemption): This chapter has been deleted. The material on preemption has been moved to Chapter 3 and the material on Deferral has been deleted (most faculty teach this as part of the traditional labor law course).
  • Chapter 7 (now 6) (Subjects of Labor Arbitration): Subparts E.3 (Seniority retention), E.5 (Super Seniority), and I (Union Security) have been removed. The Janus case has been moved to the next chapter.
  • Chapter 8 (now 7) (Arbitration in the Public Sector): This Chapter was significantly revised to reflect major changes in the law governing public-sector unions, including the Supreme Court's Janus case, the Trump Administration’s executive orders narrowing federal-sector bargaining rights, and the Federal Labor Relations Authority’s new test for reviewing federal-sector arbitration awards.
  • Chapter 11 (now 10) (Judicial Application of Gilmer): This Chapter incorporates lots of new developments in the law, including several new Supreme Court decisions interpreting the Federal Arbitration Act.
  • Chapter 12 (now 11): (Employment Arbitration in Practice): This Chapter adds two cases illustrating how the rules of arbitral service providers (such as AAA) incorporated-by-reference into arbitration agreements can affect the process and outcome of arbitration.
  • Chapter 14 (now 13) (Other Methods): This Chapter adds a significant new subpart on international approaches to resolving workplace disputes.

Learn more about this series.