Synopsis By: Lurie - Proceeding Author: Elaine Bernard, B. Glenn George, Lawrence W. Marquess

A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs, whereas the ADA will impose requirements at odds with the National Labor Relations Act and, correspondingly, common CBA provisions. The Court’s distinctions between Gilmer and Gardner-Denver are examined. Representatives of Labor and Management discuss the implications of the ADA. The Management advocate proposes CBA language and advises that, where the CBA and the ADA conflict, Management comply with the Act and not the CBA.