Dispute Resolution in the Workplace

LSLW 556

  • Professor: Jack Baldwin LeClair M.A., Ed.S., J.D.
  • Office Hours: by appointment and posted on office door.
  • Office Phone: 973.655.7953
  • Email: leclairj@mail.montclair.edu (put LSLW 556 in the subject line)
  • Text: C = Cooper, Nolan, Bales. ADR in the Workplace, 2d Edition. (St. Paul: West Publishing, 2005).
  • SUPPLEMENTAL MATERIALS will be posted on Blackboard.

purpose of this course:

This course is at the graduate level. You must read the assignments prior to class, come prepared to discuss the issues intelligently, participate in class, and be prepared to apply your knowledge creatively to problems assigned in class. The purpose of the course and its rules are as follows:

  1. To understand the foundations of dispute resolution in employment in the private and public sectors.
  2. To acquaint students with current theories of mediation, arbitration, and negotiation in ongoing labor-management relationships.
  3. To develop a working knowledge of the techniques of mediation and arbitration.
  4. To learn how to analyze disputes in work environments and to develop solutions.
  5. To understand the limitations of dispute resolution in the complex legal environment of today's world.
  6. Reading assignments must be prepared in advance of the class meeting date.
  7. Not all course material is covered in the readings. Examinations may include material covered by lecture, class discussion, handouts, demonstrations or lab sessions in addition to assigned readings.
  8. There will be two written examinations
  9. Grades will be lowered if assignments are completed late.
  10. Class attendance is not mandatory but cut class at your own risk.
  11. Recommended reference books and supplemental reading materials will be made available during the semester. Specific reading materials will be assigned.

topics & assignments:

All assignments refer to the textbook, handouts, and reserved reading materials. Specific assignments within the pages assigned may be announced in class. All topics will be covered on a flexible schedule depending on the needs of the class and other factors. Preliminary dates are provided.

 

Midterm Examination 30%
Final Examination 30%
Classroom Participation 10%
Assignments 30%

 

DATE ASSIGNMENT NOTES
PART I - The Changing Legal and Legislative Landscape and the Ground Rules.
1.17.06 Introduction: The culture of the workplace and the dynamics of human interaction.  
1.24.06 History of ADR in the workplace and American legal system C:Ch 1
1.31.06 Intro to Grievance Arb. C:Ch 2
2.07.06 Federal framework for employment law / deferral and preemption C:Ch 3, Ch 4
2.14.06 Documentary on Enron: The Smartest Guys in the Room  
2.21.06 DFR/external law and evidence procedure and due process issues C:Ch 5, Ch 6
2.28.06 Proper subjects of arbitration C:Ch 7
3.07.06 MIDTERM Midterm Handout - Pay Careful Attention
  PART II - Preventing the inevitable and managing the unmanagable.
3.14.06 SPRING BREAK Project/Paper Assigned
3.21.06 Private ADR in the individual context Begin Readings in Course Documents in Blackboard; C:Ch 10
3.28.06 The law revisited Gilmer and its progeny C:Ch 11, Ch 12
4.04.06 Practical issues - using the techniques effectively. Safe management hiring practices - other methods Read especially "The Talent Myth"; C:Ch 13, Ch 14
4.11.06 Safe management practices.  
4.18.06 Safe firing practices  
4.25.06 The future of employment law dispute resolution  
5.02.06 Review// Presentations.  
5.09.06 Final Examination