Synopsis By: Lurie - Proceeding Author: Ira F. Jaffe

Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of appeal to the Court of Appeals for the Federal Circuit, or for filing exceptions with the Federal Labor Relations Authority. Types of statutory claims often dealt with are described: Pension and benefit claims, antidiscrimination claims (arising under the ADA, Title VII of the Civil Rights Act, the ADEA, the PDA, and a variety of state antidiscrimination laws), and Union “fair share” fees. NLRB deferral in employment arbitrations is discussed. Alternative predictions of the effects of the Gilmer decision are offered. Arbitrator Jaffe concludes that arbitrators of employment disputes must assume a more legalistic, independent and activist role than in CBA disputes.