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:
- To understand the foundations of dispute resolution in employment in the
private and public sectors.
- To acquaint students with current theories of mediation, arbitration, and
negotiation in ongoing labor-management relationships.
- To develop a working knowledge of the techniques of mediation and
arbitration.
- To learn how to analyze disputes in work environments and to develop
solutions.
- To understand the limitations of dispute resolution in the complex legal
environment of today's world.
- Reading assignments must be prepared in advance of the class meeting date.
- 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.
- There will be two written examinations
- Grades will be lowered if assignments are completed late.
- Class attendance is not mandatory but cut class at your own risk.
- 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 |
|
|