Arbitration

only be terminated for "just cause," and the misconduct must be serious enough to merit such action. Even when being terminated seems to be appropriate before that can take place that person can go through a grievance procedure, and if necessary, arbitration. Some organizations rather not deal with unions for multiple of reasons, one being the cost that comes with having a union, indirectly and directly. For example unions function as labor cartels. A labor cartel restricts the number of workers…

Airline Employee Denied Long-Term Disability and His “Day in Court” Seeking Assistance Former Northwest Airline (NWA) employee Dennis James filed two disability claims after a car accident in 2002 left him unable to work. One of the claims was for disability pension benefits under NWA’s Pension plan. The other claim was for long-term disability payments and filed under NWA’s Long Term Disability plan, or LTD Plan. Both claims were denied. James decided to appeal these decisions, taking his…

rolls (non pay status) until disposition of the case has been had either by settlement with the Union or through exhaustion of the grievance arbitration procedure. A preference eligible who chooses to appeal a suspension of more than fourteen (14) days or his/her discharge to the Merit Systems Protection Board (MSPB) rather than through the grievance-arbitration procedure shall remain on the rolls (non-pay status) until disposition of the case has been had either by settlement or through…

NAFTA Chapter 20 builds up the general institutional structure for actualizing NAFTA. While NAFTA Chapters 11, 14, and 19 are barely characterized, Chapter 20 stresses the resolution of disputes through an assortment of means: interstate conferences or discussions inside the Free Trade Commission, referral to a panel of independent specialists, or resolution of the dispute through national courts by the complainant. Substantive law issues addressed in Chapter 20 incorporate the interpretation…

The Kroger Company Business Dictionary defines capital equipment as valuable items other than real estate or software that is used to make a product, market a product, or provide a service (2015). The Kroger Company assigns all new equipment purchases for its stores a useful life ranging from three to nine years (Wikinvest, 2012). The Kroger Company makes the determination to purchase new capital equipment based on the useful life assigned to previous capital equipment purchases. This…

International investment law as an instrument for sustainable development The relation between international investment law and sustainable development is ?two sided?.[footnoteRef:2] This statement is also supported by Newcombe, he states sustainable development is indeed needed in the future, thus, foreign direct investment (FDI) could be the main instrument to ensure any development agenda.[footnoteRef:3] Furthermore, Foreign direct investment also contributes toward financing sustained…

For most of the time, international lawyers participate in international commercial arbitration, and try to resolve disputes between two private parties, and come up with a compromise/contract which satisfies both legal and cultural elements of both jurisdictions. So, an international lawyer needs to be aware of the possibility that the cultural…

arbitrator was to “interpret a contract using three elements: contractual language, intent, and past practices” (Budd 323) to determine in favor of the employee or employer. Jessica Silver-Greenberg and Michael Corkery report in “Start-Ups Embrace Arbitration to Settle Workplace Disputes” that Ms. Zoumer started working at a start-up company thinking she had struck gold. However, after working for the company she realized that her salary didn’t match her job duties, which resembled hourly…

Carter V. Tokai Financial Services, Inc. In the case, it follows Randy P. Carter and Tokai Financial services, Inc. where Tokai sued Carter for money that was not given under a lease agreement that the two had entered. It as stated that ARC made 4 of the rental payments before they defaulted on the obligation they had with Tokai. Following the ceasing of payment, Tokai the repossessed the equipment and sold it for $5,900. After the sale, Tokai brought a suit against in which they were awarded…

collective agreements, secondary bargaining power, to abolish compulsory arbitration and to disappear the historical perception between public and private sector employment relationship (Rasmussen, 2009). The government created legal decision making body like the Labour Court to hear personal complaints and dispute between employee, unions and employer in 1987 to 1991. The Industrial Relation Act was replaced with voluntary arbitration means that unions and employers able to settle issues with…