at-will employment, arbitration, alternative dispute resolution, labor, nonunion workforce, nonunion disputes
This Article reviews the concept of just cause as a test for termination of employment and its applicability to the nonunion workforce. It addresses the feasibility of applying dispute resolution mechanisms found workable in labor-management relations under union contracts to employment-at-will disputes. It further outlines the standards and criteria utilized in the arbitration process and recognizes some problems of proof, evidence, remedy and procedure that will arise from the application of alternative methods of resolution to nonunion disputes. Finally, this Article identifies a substantial number of issues that need to be resolved if arbitration of just cause for termination of nonunionized personnel is to be successful.
Eva Robins, Eva Robins, Eva Robins, and Eva Robins,
Unfair Dismissal: Emerging Issues in the Use of Arbitration as a Dispute Resolution Alternative for the Nonunion Workforce,
12 Fordham Urb. L.J. 437
Available at: https://ir.lawnet.fordham.edu/ulj/vol12/iss3/2