Projects
NAA Research & Education Foundation
Current Projects
How Frequently Do Employees with Viable Discrimination Claims Against their Employer Obtain Counsel and File an Action in Court
Lewis Maltby, National Workrights Institute
Empirical study to determine the extent to which putative plaintiffs have access to justice for their claims, a critical question in the debate about pre-dispute employment arbitration agreements covering discrimination claims.
Arbitration Film Project
Paul Clark and Amy Dietz, Pennsylvania State University
A 45-minute instructional film on arbitration that will portray an arbitration hearing and back story with timely narrative breaks to explain the proceeding to the viewer. The film will provide the viewer a real life demonstration of the arbitration process and be accompanied by a comprehensive teaching guide.
Subtle influences, significant effects: Understanding arbitration decision-making in order to guard against bias
Eugene Borgida, University of Minnesota, Grace Deason and Erik Girvan
Studies on the influence of potential implicit biases on arbitral decision-making using validated psychological measures to shed light on how personal belief systems influence decisions.
Recent Projects
Pocket Guide to Just Cause: Discipline and Discharge Arbitration
Bonnie G. Bogue and Katherine J. Thomson, California Punlic Employee Relations Program
A portable handbook published in 2010 by the University of California, Berkeley for use by labor relations representatives, union representatives, and lawyers, the guide provides a breadth and depth of coverage not available elsewhere at an affordable price.
To view the Table of Contents or order the Guide: http://cper.berkeley.edu
Employment Arbitration, Labor Arbitration, and Arbitrators
Richard N. Block, Michigan State University and Hoyt Wheeler, University of South Carolina
A study of the relative frequency of labor and employment cases among arbitrators and the extent to which arbitrators are asked to mediate cases. Characteristics such as full-time and part-time practice, credential preferences, and the use of the Due Process Protocol in employment cases are examined.
An Empirical Investigation of Factors Affecting Outcomes of Discipline Arbitrations Where Work and Family Responsibilities Conflict
Martin H. Malin, Chicago-Kent College of Law and Monica Biernat, University of Kansas
An investigation of whether demographic characteristics of the grievant or the arbitrator affect the outcomes in cases where family responsibilities conflict with work responsibilities.
Do Cognitive Biases Infect Adjudication? A Study of Labor Arbitrators, 11 Penn. J. Bus. L. 175 (2008). http://works.bepress.com/cgi/viewcontent.cgi?article=1059&context=martin_malin
Political Ideology and Labor Arbitrators Decision-making in Work-Family Conflict Cases, 34 Personality & Social Psych. Bull. 888 (2008).
An Empirical Investigation of Factors Affecting Outcomes of Discipline Arbitrations Where Work and Family Responsibilities Conflict: Preliminary Results, in Arbitration 2005: The Evolving World of Work: Proceedings of the 58th Annual Meeting, National Academy of Arbitrators 132 (Stephen Befort & Paul F. Gerhardt eds. 2006). http://naarb.org/proceedings/index.asp
The Arbitration Profession in Transition - A Survey of the National Academy of Arbitrators
Michel Picher, and Ronald L. Seeber, Cornell University, David B. Lipsky, Cornell University
A survey based on written and telephone interviews with Academy members to determine the extent of their involvement in employment arbitration, as well as their attitudes toward it and the adjudication of statutory rights in the non-union setting. Additionally, the survey compiled wider information on the backgrounds and practices of members providing a baseline for the new century.
The Arbitration Profession in Transition - A Survey of the National Academy of Arbitrators, Cornell Studies in Conflict and Dispute Resolution No. 3, Cornell/PERC Institute on Conflict Resolution, Ithaca, NY (2000)
What do we really know about how labor arbitrators decide discipline and discharge cases? Testing Assumptions in a Comprehensive Empirical Study
Mario F. Bognanno, Laura J. Cooper and Stephen F. Befort
A study based on a large sample of actual arbitration decisions exploring how arbitrators decide discipline and discharge cases and why they decide them as they do.
An Empirical Study of Discipline and Discharge Arbitration: More Than We Have Ever Known [book submitted for publication].
How and Why Labor Arbitrators Decide Discipline and Discharge Cases: An Empirical Examination, in Arbitration 2007Workplace Justice for a Changing Environment, Proceedings of the 60th Annual Meeting, National Academy of Arbitrators 420 (Stephen Befort & Patrick Halter, eds. 2008).
The Appointment of Grievance Arbitrators by State and Local Agencies,
Walter J. Gershenfeld and Nels E. Nelson, Cleveland State University
A survey or members of public labor relations agencies about the nature and extent of their grievance arbitration activity.
The Appointment of Arbitrators by State and Local Agencies, Labor Law Journal, Vol. 52, No. 4, Winter 2002, 258-6.