Synopsis By: Lurie - Proceeding Author: George H. Cohen, Mark A. Rothstein

Professor Rothstein posits that employers are assuming governmental functions, carrying out or responding to legislation that uses the workplace to address social problems, including non-economic problems, and that arbitrators are increasingly called upon to rule on these subjects. Examples include drug testing and health insurance. The author argues that employer responsibilities should be limited to workplace concerns, and that there are adverse societal consequences to expanding those responsibilities. In response, Attorney Cohen rejects the thesis that employee health care is the product of an “employer welfare state,” and avers that the arbitral system is capable of coping with such subjects.