Labor & Employment Arbitration Leading Cases & Decisions: A Practical Approach to the Study of Arbitration, by Floyd D. Weatherspoon, (Vandeplas Publishing, 2016), offers a straightforward method of studying the history and practice of labor and employment arbitration.
The textbook begins with a brief section titled “Historical Review of Labor Arbitration” and moves quickly to arbitrators’ and courts’ decisions regarding the most common issues in arbitration. The “Discipline and Discharge” portion of the book is organized around The Seven Tests of Just Cause, offering actual cases that illustrate each of the principles enunciated by Arbitrator Daugherty. It also presents insight into contract interpretation issues such as Past Practice, Seniority, and Sub-contracting. There is a substantial discussion of judicial review of arbitration awards, inviting exploration of the authority of arbitrators. Finally, Arbitrator Weatherspoon included a brief introduction to the treatment of employment disputes in labor arbitration and a section on the “Development of Employment Arbitration.”
Significant numbers of arbitrators’ awards are reproduced to assist in understanding the reasoning of leading arbitrators, followed by thoughtful discussion questions for further instruction. The textbook contains a significant depth and breadth of material to permit faculty to use the book to teach labor and employment arbitration in a variety of ways.