Arbitration | Peer, Gan, Gisler & Favreau LLP

Busting Police Unions Won’t Fix the Problem

by Mark Gisler | Sep 6, 2016 | Arbitration, Labor Law

On Labor Day Eve 2016, the New York Times published an editorial criticizing the role of police unions during the current era of police brutality. While NYT is right to call out recent egregious police behavior and there is something to be said for taking union...

Make-Whole Remedy Redux: NLRB Decides King Soopers

by Jean Marc Favreau | Aug 31, 2016 | Arbitration, Labor Law, NLRB, Remedies

“From the earliest days of the [National Labor Relations] Act, a make-whole remedy for employees injured by unlawful conduct has been a fundamental element of the Board’s remedial approach.”
Goya Foods of Florida, 356 NLRB 1461, 1462 (2011)

Of Employment Agreement Dispute Resolution Provisions and Pragmatism

by Mark Gisler | Dec 22, 2015 | Arbitration, Dispute Resolution, Employment Law

Good employment agreements have clear dispute resolution provisions. These provisions inform the parties about the process of adjudicating contractual disagreements. They should set specific and realistic expectations about what will happen if the dispute resolution...

The Illusion of the “Make Whole” Remedy

by Jean Marc Favreau | Aug 5, 2011 | Arbitration, Labor Law, Remedies

In arbitration, advocates for suspended or discharged employees routinely argue for a “make whole” remedy, which includes back pay and restoration of benefits and seniority rights. The idea is that a worker should be put into the position he would have been in had the...

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The Just Workplace discusses contemporary issues in labor and employment law and emphasizes how these subjects affect employees in a variety of workplace settings. The blog covers an array of employment issues, including labor and employment policy, current events and noteworthy developments in the field, and legal opinions from federal and state courts and administrative agencies such as the National Labor Relations Board, the Equal Employment Opportunity Commission, and the Federal Labor Relations Authority. Although the content contained in The Just Workplace is not legal advice and should not be considered as such, the blog seeks to be a resource for individual employees negotiating employment, retirement, and severance agreements, as well as union-members and officials subject to collective bargaining agreements.

The Just Workplace is produced by the attorneys at Peer, Gan & Gisler, LLP, a Washington, D.C.-based law firm with a nationwide litigation practice and a special focus on the effective resolution of labor and employment disputes.