ADA, Employment, Labor, System Design, Workplace
5/06:Fresno County farmer challenges state's mandatory labor mediation
A Fresno County farming company is suing the state, saying it unfairly imposed a requirement to negotiate with a labor union on behalf of thousands of its workers. Gerawan Farming Company, one of the largest tree fruit growers in the state, is suing the Agricultural Labor Relations Board and the United Farm Workers union, alleging the state failed to meet the requirements for imposing mandatory mediation against the company. The 42-page lawsuit, filed Monday in Fresno County Superior Court, also claims the process is unconstitutional. read
4/24:Stripper class action sent to arbitration
The three strippers who filed a class action lawsuit against their former employer have agreed to participate in arbitration. read
4/22:Organic farms rethink unpaid internships after back pay mediation
Some organic farmers are rethinking taking on interns this growing season after a Vancouver Island farm was forced to pay thousands of dollars in back wages to unpaid workers. read
4/14:IRB appoints mediator for Arlington-horsemen dispute
Retired judge will try to reconcile contract battle that threatens Illinois betting on Kentucky Derby. read
4/11:9th Circuit arbitration ruling could impact employment cases
An en banc panel of the 9th U.S. Circuit Court of Appeals ruled that a dispute between former students and a bank that held their student loans was subject to arbitration. The ruling could have broad implications, including in employment disputes. read
4/09:Can Mediation Improve EEOC Conciliation?
Lorene Schaefer has seen employment discrimination from both sides—as a general counsel who handled bias complaints against her company, and then as a plaintiff in a class action lawsuit charging gender discrimination. read
4/02:Canada: Alleged Sexist Comments At OLRB Safety-Reprisal Mediation Were Privileged, Could Not Form Basis For Discrimination Complaint
An alleged comment that "women don't like to do that job", and other discussions at an Ontario Labour Relations Board safety-reprisal mediation, were privileged and could not form the basis for a discrimination complaint, the Human Rights Tribunal of Ontario has decided. read
3/24:California Court of Appeal finds employment arbitration agreement barring class claims unconscionable
In Compton v. Superior Court of Los Angeles County, No. B236669 (2d Dist. Mar. 19, 2013), a divided panel of the Second District Court of Appeal reversed the Los Angeles Superior Court’s order compelling arbitration of her wage-and-hour class action complaint. read
3/21:Goldman wins ruling to arbitrate discrimination claim
Goldman Sachs Group Inc on Thursday won a U.S. court order allowing it to send a former employee's gender discrimination claim to arbitration, rather than being forced to defend against her claims in a class action lawsuit. read
3/20:Mediating non-compete disputes in the medical device industry
The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth of medical devices each year. read
Mediation in Commercial Disputes: is this Workable? (12/14/12) Mohammed Saleem Tariq This article aims to provide detailed insight into the concept of mediation for corporations and likeminded entrepreneurs. Whether the dispute is over an amount of money owed or over the supply of goods and services, the process of mediation remains rooted. Due to this characteristic, this article will proceed to filter similar commercial disputes through the mediation process in order to expose and evaluate not just the benefits that attach but any doubts the process could cast.
Why Your Staff Should Resolve Their Own Conflicts (12/14/12) Tammy Lenski It’s a mistake to conflate good supervision and the habit of intervening in employees’ conflicts. Not only with the habit wear you out eventually and take energy away from other important responsibilities, but you will miss prime opportunities to help your staff cultivate their own good skills.
How Did This Become About Me?!? (12/08/12) Vivian Scott I haven’t seen it done in a while but in the past if a business wanted to draw attention to itself for a big event, it would bring in a huge spotlight that would illuminate the night sky and grab the interest of everyone from miles around.
White Collar Crime and Mediation: A Discussion Document (11/30/12) Clive Lewis This article presents a discussion about the potential for mediation to be utilized as a suitable option for cases of white collar crime. Punishment of white collar crime in the workplace has traditionally been dealt with by internal disciplinary procedures prior to the police and then the courts, but it has become apparent that not all cases may be suitable for the legal system. Naturally, criminal proceedings and custodial sentences are the only option in some cases, but, with prison numbers at record levels, penal servitude should no longer be seen as the only option when it comes to lesser crimes. 1 Comment
Making the Case: Business Dispute Resolution Through Mediation (11/26/12) Deborah Buyer The article discusses the benefits and advantages of mediation for purposes of resolving business disputes. It is geared toward business owners who are involved in disputes, such as contracts disputes or “business divorces,” and makes the case for mediation as an effective method for resolving the dispute. The article also lays out the basic structure of mediation and what parties can expect from mediation. 1 Comment
Pace of Mediation in Labor Disputes (11/26/12) Machteld Pel A significant motivation for businesses to choose mediation in labor disputes is the hope that mediation works fast and so will provide clarity within a short time frame. This then, is mediation’s propagation.
The Annoying Union Rep (11/26/12) Dan Simon One of the areas of disagreement was what exactly happened when there was physical contact between Jack and the supervisor. The supervisor had reported that Jack puffed his chest out and intentionally bumped into him. But Jack said that he was trying to walk away from the supervisor at the time, but that the supervisor was following very closely behind him – and when Jack turned around, it was the supervisor who bumped into Jack.
Conflict on Aisle 3 (11/26/12) Vivian Scott I can’t tell you how to manage every potential conflict you’ll face in the next month or so, but I can pass on a few tips retail workers have shared with me. Of course, I’ve added my own two cents worth on the subject and hope there’s something in here that will help you keep your cool this season.
Beware of the Grinch – Holiday Considerations for the Global Workplace (11/16/12) Patricia Porter Every holiday season, workplaces around the country ponder whether to have their annual Christmas party and whether to decorate with all of the glitter and bows that accompanies the traditional American celebration. Employers’ stress and anxiety rises as they think of the potential conflict lurking around the Christmas tree…the Grinch.
What Makes for a “Good Job”? (11/05/12) Jeanette Bicknell Neutrals can assist their workplace mediation clients by asking if their job might be causing some of their unhappiness. This article discusses the effect workplaces have on a person's happiness. The way to happiness might not be through leisure, family, and loving relationships, knowledge, or spiritual enlightenment. The way to be happy is to have the right job.
Union Restart (11/05/12) Joshua Javits The Chicago teachers’ strike crystallizes the conflict between escalating demands for labor productivity and the needs of workers for job security. At issue are the right of principals to accept teachers from up to 100 schools proposed for closure and the process for evaluating teachers, including through the use of student test scores.
Group Bonding Discussions and Mediation (9/14/12) Diane Cohen I have noticed a particular phenomenon in some of my mediations when parties discuss things in a way that may be appropriate in a group bonding experience instead of discussing it in a way that is appropriate with the particular person in the room.
What Your Boss Really Wants (9/14/12) Vivian Scott Everyone knows that employers don’t appreciate disgruntled, whiny employees, right? But does the average person know how the organization does want them to behave? Should one suck up, agree with everything, or leave all the decisions to others?
Mediation in Action - Video (8/25/12)
A workplace dispute between two colleagues has created an issue which is affecting their colleagues and the business. This video shows a real example interviewing the owner, both employees, and their mediator. They reflect on the process and how mediating has changed their business.
How to Manage if a Grievance is Not Upheld (8/13/12) Tim Kingsbury The grievance process should be confidential and no-one outside the parties and those managing the issue should be aware of it; but these things can be subject of office gossip and, if so, then it is likely the fact that it has not been upheld will also go round the gossip circle!