Collective Bargaining Arbitration

Klibanow com­menced her prac­tice of tra­di­tion­al” labor law, includ­ing col­lec­tive bar­gain­ing arbi­tra­tion, in the late 1970s when Los Ange­les still had diverse local indus­tries such as ship­build­ing, steel­mak­ing and tuna pro­cess­ing and Mem­ber Fan­ning chaired the Nation­al Labor Rela­tions Board. At present, a good­ly por­tion of her labor arbi­tra­tion work occurs through the Fed­er­al Medi­a­tion & Con­cil­i­a­tion Ser­vice (FMCS) and in the fed­er­al sec­tor. Look­ing at the big pic­ture,” it has been labor arbi­tra­tion which has informed employ­ment arbi­tra­tion to a point and, as 9th Cir­cuit Judge Berzon has at times com­ment­ed in her opin­ions, these jurispru­den­tial­ly sep­a­rate strands have in cer­tain fed­er­al deci­sions become woe­ful­ly entan­gled result­ing in con­fu­sion of issues in both arbi­tra­tion sectors.

The his­to­ry of labor in our indi­vid­ual rights-enam­ored soci­ety con­tin­ues to be one of strug­gle, more­so than in oth­er nations. At least the­o­ret­i­cal­ly, in union-man­age­ment col­lec­tive bar­gain­ing and its most fun­da­men­tal con­struct for dis­pute res­o­lu­tion, arbi­tra­tion, the play­ing fields are lev­el” on both sides. Here the dis­putes gen­er­al­ly con­cern whether or not the employ­er has vio­lat­ed the terms of the par­ties’ col­lec­tive bar­gain­ing agree­ment (CBA), either in the dis­ci­pline or dis­charge of an indi­vid­ual bar­gain­ing unit employ­ee, or whether the employ­er has engaged in con­duct in vio­la­tion of the CBA to the detri­ment of a cer­tain group or class of employ­ees, whose cause the union is championing.

Focus Areas

  • Sex, Race, Col­or, Nation­al Ori­gin, Reli­gion, Sex­u­al Ori­en­ta­tion, Dis­abil­i­ty, Med­ical Con­di­tion, Age Dis­crim­i­na­tion, Rea­son­able Accom­mo­da­tion and relat­ed Harassment
  • Fam­i­ly and Med­ical Leave
  • Whistle­blow­er Retaliation
  • Wrong­ful Termination
  • Vio­la­tion of USERRA
  • Wage/​Hour
  • Employ­ee Discipline
  • Employ­ee Privacy
  • Employ­ment Breach of Contract
  • Employ­ment Civ­il Rights
  • Work­place Safety
  • Work­place Violence
  • Col­lec­tive Bar­gain­ing Arbitration