Proper management of communications at the time of a crisis event is crucial to restoring the public's confidence. All federal agencies have investigatory powers and can obtain subpoenas, if necessary, for inspection of an employer's premises, books and records. Most agencies will contact the employer in writing, or by telephone, and request cooperation and may request authorization to come on the premises and interview employees. How the employer responds to these requests is critical and practical suggestions are contained in this chapter. Its two principal elements are mediation and arbitration.
Arbitration seems to be gaining in popularity for resolving employment-related disputes.
The authors have arbitrated countless cases and provide a realistic appraisal of arbitration as a substitute for litigation. This chapter explains the numerous legal questions that arise under the common law and under the many employment statutes as a result of these practices. Thus the job of defining these terms has been left to the courts. Considerable authority developed however under the common law and under the early statutes, particularly the National Labor Relations Act and the Fair Labor Standards Act, both passed in the 1930s. The definitions developed under those statutes have been adopted by the courts in interpreting Title VII and the subsequently enacted statutes.