This course is an in-depth, practical exploration of labor arbitration, the progenitor of today's ADR movement. During the first half of the semester, participants will explore the background and the structure of the labor arbitration process, and examine how and why the Supreme Court fashioned a new federal common law to govern this vital process, which substituted for strikes as the method for resolving disputes under a collective bargaining agreement. The second half of the course will be devoted to weekly examination of actual arbitration cases, with the participants discussing how and why they would decide each case, in a simulation format.
Grading and Method of Evaluation:
Letter grade with pass/fail option. Final exam. Simulated arbitration cases will count for 10-15% of the grade.