How others view us and vice versa: Administrative and judicial critiques of the arbitration process: 3. The legitimacy of arbitrating claims of discrimination

In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had previously resorted to grievance arbitration. After Gardner-Denver decision, sweeping reforms undertaken at the EEOC diminished the need for arbitration to resolve state and federal agency discrimination claims. The author argues that there are a number of reasons for arbitration being developed as an alternative mechanism.