The Impact of Case and Arbitrator Characteristics On Employment Arbitration Outcomes

[Excerpt] A major development in systems for the enforcement of individual employment rights is the use of alternative dispute resolution (ADR) procedures to resolve claims by employees. At their best, ADR procedures may hold the potential for greater accessibility by employees to enforcement of substantive employment rights, while avoiding burdens of excessive costs for the public and employers in processing claims. On the other hand, ADR procedures, particularly mandatory employment arbitration procedures, have also been criticized for producing the privatization of justice and denial of effective enforcement of employee rights. In this paper, we present the results of a new empirical study of employment arbitration. Despite the growing importance of employment arbitration in the workplace, empirical research on this phenomenon remains in its infancy and views on arbitration are often characterized by assumptions and anecdotal impressions. In the analysis presented here we attempt to systematically examine some of the common assumptions about the decision-making of employment arbitrators. In particular, we examine three propositions that are often injected into discussions of arbitral decision-making: 1) Arbitrators will tend to favor compromise decisions, proverbially “splitting the baby” between the two parties. 2) Arbitrators will be less inclined to award very large damage claims of the type more sometimes seen in jury decisions. 3) Arbitrators will prefer to award at least some small, token amount of damages to a party bringing a case rather than deny any recovery. We analyze these propositions using a unique dataset developed from analysis of employment arbitration case files of the American Arbitration Association (AAA), arguably the leading provider of employment arbitration services in the country

Beyond Baby-Splitting: Arbitrator Decision-Making Patterns in Employment Cases

That arbitrators tend to “split the baby” by issuing compromise awards is amongst the hoariest of clichés in the dispute resolution field. While the idea of arbitrators as baby-splitters has been challenged by commentators and lacks support in empirical evidence, the idea is surprisingly persistent. More importantly, it may be continuing to influence the decisions of actors whether or not to use arbitration to resolve disputes. A 1997 survey conducted by David Lipsky, Ronald Seeber, and Richard Fincher found that 49.7% of general counsels of Fortune 1000 corporations reported that concerns about compromise decisions was one of their reasons for not using arbitration

The Lipsky Effect: An analysis of Professor David Lipsky\u27s influence on his graduate students over time

Grad_Student_Lipsky_Presentation.pdf: 29 downloads, before Oct. 1, 2020

Depending On The Angle: Perspectives Of Conflict And Workplace Climate

In this thesis, a case study of ten nursing homes is used to identify different styles of management and different approaches to dealing with conflict. Much of the literature on conflict focuses on determining which types are negative and which types are positive. What I illustrate, however, is that the same types of workplace issues exist in different organizations, yet do not necessarily yield similar outcomes in terms of organizational climate. Closely examining this relationship will put us in a more informed position to forecast the likelihood of successful organizational change ? in this case, the implementation of electronic medical records (EMRs). This thesis leans on previous research in the area of organizational culture, climate, and perspectives on conflict. Specifically, the research question I examine is how organizations with the same types of conflict can experience vastly different workplace climates. What I found was that different perspectives of conflict, not necessarily the conflicts themselves, were what shaped either positive or negative workplace outcomes. This finding contradicts past research that suggests it is merely the existence of certain types of conflict that determine workplace outcomes. Instead, I propose that different perspectives of conflict, as reflected in different types of management style, are what have primary influence in shaping workplace climate

Tetragonal Diiodotetrapyridinedicopper(I): Structure, Luminescence, and Computational Modeling

We report on a new crystal modification of (CuIPy2) n (Py = pyridine), a compound first reported by White et al. In contrast to White’s orthorhombic structure, which is comprised of rhomboid iodide-bridged dimers, Cu2I2Py4, our new tetragonal crystal structure in space group P41212 is disordered and can be interpreted as either iodide-bridged dimers or helical chains. To determine the structure type, variable temperature X-ray diffraction and luminescence measurements were carried out. The photoluminescence spectrum shows a distinct cluster-centered transition at high excitation energies which is consistent with the dimer structure. DFT and TD-DFT calculations were performed to explain the difference between the emission spectrum at high energies compared to low energies. Furthermore, correlation of the luminescence spectrum with the X-ray results as temperature is varied demonstrates that the cluster-centered luminescence band in Cu2I2Py4 arises from close Cu⋯Cu distances which vary with temperature. A low temperature X-ray crystallographic redetermination of the cubane tetrameric Cu4I4Py4 is also presented. Both Cu2I2Py4 and Cu4I4Py4 structures show distortion of the Cu n I n core cluster at low temperature resulting in reduced Cu⋯Cu distances, but with I⋯I distances roughly unchanged

Protein Tyrosine Phosphatases: Regulators of CD4 T Cells in Inflammatory Bowel Disease

Protein tyrosine phosphatases (PTPs) play a critical role in co-ordinating the signaling networks that maintain lymphocyte homeostasis and direct lymphocyte activation. By dephosphorylating tyrosine residues, PTPs have been shown to modulate enzyme activity and both mediate and disrupt protein-protein interactions. Through these molecular mechanisms, PTPs ultimately impact lymphocyte responses to environmental cues such as inflammatory cytokines and chemokines, as well as antigenic stimulation. Mouse models of acute and chronic intestinal inflammation have been shown to be exacerbated in the absence of PTPs such as PTPN2 and PTPN22. This increase in disease severity is due in part to hyper-activation of lymphocytes in the absence of PTP activity. In accordance, human PTPs have been linked to intestinal inflammation. Genome wide association studies (GWAS) identified several PTPs within risk loci for inflammatory bowel disease (IBD). Therapeutically targeting PTP substrates and their associated signaling pathways, such as those implicated in CD4+ T cell responses, has demonstrated clinical efficacy. The current review focuses on the role of PTPs in controlling CD4+ T cell activity in the intestinal mucosa and how disruption of PTP activity in CD4+ T cells can contribute to intestinal inflammation

Crystal Structure and Computational Analysis of a Two-Dimensional Coordination Polymer, BiI3(DppeO2)3/2

Catena-poly[fac-triiodobismuth(III)-tris-(µ-ethane-1,2-diylbis(diphenylphosphane oxide-κ2O,O′))], a 2-D sheet network of BiI3 was synthesized from BiI3 and ethane-1,2-diylbis(diphenylphosphane oxide) (DppeO2) in tetrahydrofuran. The crystal structure revealed a trigonal structure with three-fold symmetry at Bi. Bismuth centers show fac-BiI3O3 coordination, with Bi–I = 2.9416(2) Å and Bi–O = 2.4583(17) Å. The I–Bi–I and O–Bi–O angles (95.520(7)° and 79.04(6)°, respectively) indicate trigonal distortion in the Bi octahedron. Bridging DppeO2 ligands centered on inversion centers give rise to a 2-D sheet polymer. The 8.3 Å thick sheets consist of three layers in a sandwich structure. The outer layers are composed of phenyl rings and BiI3 groups with the iodide atoms pointing outward. The central layer consists of the O=PCH2CH2P=O bridging groups. Computational results suggest that semi-conducting behavior arises from Bi(III) centers. A halide to DppeO2 π* transition is suggested by theoretical results

A Terbium Chlorobismuthate(III) Double Salt: Synthesis, Structure, and Photophysical Properties

We report on the structure and luminescence of a double salt trivalent rare earth ion acceptor, Tb3+, with octahedral [BiCl6]3– donor clusters. The novel TbBiCl6·14H2O (1) was prepared from aqueous BiOCl and TbCl3·6H2O. The crystal structure of compound 1 exhibits isolated [BiCl6]3– and [Tb(OH2)8]3+ clusters. Luminescence data show energy transfer from octahedral chlorobismuthate(III) clusters to rare earth metal ions. Density Functional Theory (DFT) calculations show distinctly different emission pathways at high and low excitation energies

Advance telephone calls ahead of reminder questionnaires increase response rate in non-responders compared to questionnaire reminders only : The RECORD phone trial

Peer reviewedPublisher PD