The emergence of social media, from Facebook to Myspace and Linkedin to Twitter - much like the earlier evolution of email, IM and web 2.0 - have changed communications, expanding the virtual horizons for social networking and business promotion on these popular communications platforms....

During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...

Cost reduction is one of the desirable results frequently attributed to Alternative Dispute Resolution (ADR) processes. Although it is reasonable to assume that businesses always are interested in saving money, this goal takes on added importance when the economy is struggling. The cost savings...

The Writers Guild went on strike in 2007. The big issue: fees for programs released on new media such as the Internet. The strike was settled one hundred turbulent days later – but then the Screen Actors Guild spiraled out of control, unwilling to accept the same terms but unable to muster a...

A reasonable starting point for improving the situation of vulnerable employees is improving compliance with the Employment Standards Act. This submission deals specifically with the question of how to do that through a set of relatively modest legal reforms. The proposed reforms would, firstly,...

This article assesses one of the longest private sector strikes in Canadian history - the United Steelworkers (USW) Local 6500 strike at Vale in Sudbury, 2009-2010. It argues that in the context of corporate globalization and the recent financial crisis, Vale took full advantage of its economic...

In most cases, coverage under our nation’s employment laws boils down to the question of whether or not the individuals in question are “employees” and whether or not the entity in question is an “employer.” Significantly, however, in a growing number of cases, where employer status is...

This quantitative nonexperimental proposed research study investigates the problem of managers at a Fortune 500 Company in the western United States being unaware and insensitive to worker’s cultural backgrounds during business activities. Leadership competence in the twenty-first century is...

This paper creates a game theoretic model to determine how pendulum arbitration or baseball arbitration impacts the incentives of litigants. Pendulum arbitration is when both parties submit competing proposals and the arbitrator chooses only one of the bids, in its entirety, to be binding on...

One of the best kept secrets in American labor law is that duty of fair representation jurisprudence simply does not work. It does not work for plaintiff union members because they must satisfy a close-to-impossible burden of proof and have a short statute of limitations window in which to...