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227.1 sec. 1 - Labor & Employment Arbitration (Spring 2011)
Instructor: Barry Winograd (view instructor's teaching evaluations | profile)
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Meeting Time: Tu 3:35-6:15
Meeting Location: 111
Course Start: January 11, 2011
Course Control Number (Non-1Ls): 51146
This class focuses on the historically important role of arbitration in the field of labor and employment law. In the first third of the course, students will review several key cases and articles dealing with basic arbitration principles in the union and non-union employment settings, including the continuing debate over compelling arbitration of statutory discrimination claims. Legal principles arising under the Federal Arbitraton Act and the National Labor Relations Act, as amended, will be considered. For the balance of the course, students will be assigned practice and simulation exercises similar to those used in professional legal education programs developed by the instructor for advocates and for those being trained as arbitrators. In the final session of the course, students will work in teams to prepare and present a mock arbitration case before a professional arbitrator. There is no prerequisite for the seminar. Some students might find past or current study of courses such as Labor Law, Employment Law, and Evidence to be helpful, but they are not required. The class will be limited to 20 students.
Since 1988, the instructor has been an arbitrator and mediator specializing in labor and employment cases, and is a member of the National Academy of Arbitrators. Previously, the instructor was an administrative law judge in the labor law field in the 1980's and a staff attorney with the United Farm Workers Union in the 1970's. He has served on the adjunct faculty at Berkeley Law since 1985, and at the University of Michigan Law School from 2004 to 2009.
This course satisfies the Skills Requirement.
Exam Notes: None
Special Notes: LE(20)
Course Category: Work Law
This course is cross-listed in the following categories:
Advocacy Skills Courses
Negotiation and Dispute Resolution
Public Law and Policy
Social Justice and Public Interest
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A reader will be used in this class.
Instructor has indicated that no books will be assigned.