Elkouri & Elkouri: How Arbitration Works, Eighth Edition


New Cumulative Supplement!

Elkouri & Elkouri: How Arbitration Works is an essential reference for labor relations practitioners which covers issues including retiree health insurance, employer intellectual property protections, union recognition, and more. References include citations to hundreds of arbitration awards and judicial decisions. It includes tables of all discussed or cited arbitration awards, statutory authorities, and arbitrators.


Elkouri & Elkouri: How Arbitration Works, Eighth Edition is the most thorough and authoritative arbitration treatise available. It has been cited by advocates, arbitrators, and judges more than any other arbitration book published, and is the standard text that no labor relations specialist, union representative, labor law attorney, professor, or arbitrator should be without. 

Highlights of the Eighth Edition include:

  • Discussion of change in NLRB’s deferral standard
  • Review of cost savings and online dispute resolution
  • Revised discussion of the burden of proof in discipline cases
  • Analysis of U.S. Supreme Court decisions on same-sex marriage and retiree health insurance
  • Expanded treatment of labor arbitration issues in government
  • On on-duty misconduct of police officers

The Eighth Edition also covers arbitrators’ consideration of external law in labor arbitration, the developing standards for evidentiary privilege as it relates to union shop stewards, arbitrators’ views on threats and violence, the continued viability of the plain-meaning rule, and UPL in labor arbitration.  

Reference materials include a table of all awards cited, a table of arbitrators for researching particular arbitrators, a table of statutory authorities, and a comprehensive index. The treatise also references important judicial decisions, academic and professional commentary, administrative agency regulations and opinions, and federal and state legislation. 


The 2019 Cumulative Supplement updates the main volume with highlights including:

  • Modifications to the NLRB’s standard for deferral to arbitration in Section 8(a)(3) and (1) cases
  • Disciplinary issues in labor arbitration related to social media use and other off-duty misconduct
  • Arbitration of matters unique to public employment, including public schools and municipal governments
  • Arbitral interpretation of contract language and methods of resolving ambiguities
  • Trends in discipline and remedies, including mitigation of damages, injunctions, and penalty reductions
  • Additional factors for considering the weight, credibility, and admissibility of evidence

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    • Arbitration and its Setting
    • Legal Status of Arbitration in the Private Sector
    • Scope of Labor Arbitration
    • The Arbitration Tribunal
    • Grievances: Prelude to Arbitration
    • Determining Arbitrability
    • Arbitration Procedures and Techniques
    • Evidence
    • Interpreting Contract Language
    • Use of Substantive Rules of Law
    • Precedential Value of Arbitral Awards
    • Custom and Past Practice
    • Management Rights
    • Seniority
    • Discharge and Discipline
    • Safety and Health
    • Employee Rights and Benefits
    • Remedies in Arbitration
    • Constitutional Issues in Public-Sector Arbitration
    • Legal Status of Arbitration in the Federal Sector
    • Issues in State and Local Government Sector Arbitration
    • Arbitration of Interest Disputes


      Kenneth May (deceased) was an arbitrator and the lead editor of Labor Arbitration Reports, a component of Bloomberg Law's Labor Relations Reporter, Arlington, VA.



        Main Volume Information

        2016/1,994 pp. Hardcover with 2019 Cumulative Supplement

        Order #P3725

        Supplement Information

        2019 Cumulative Supplement alone/ISBN 978-1-68267-725-4

        Order #3725


          “For more than 60 years, Elkouri and Elkouri: How Arbitration Works has been the classic reference book for labor arbitration, and it has been valuable to me professionally.”

          Gail Golman Holtzman

          Past Chair, ABA Section of Labor and Employment Law and Partner, Jackson Lewis P.C.


          “Long considered to be the leading work in the field.”

          Kendall F. Svengalis

          Legal Information Buyer's Guide and Reference Manual

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