Synopsis By: Lurie - Proceeding Author: Stephen L. Hayford

The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase in public sector arbitration; and the rise of employment arbitration. A distinction is offered between Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) and Gilmer (arbitration appropriate except where Congress intended to preclude waiver of the judicial forum). The distinction offered is that the latter entailed a contractual commitment to arbitrate by an individual; the former entailed an employee represented by a union. (See alternative reasoning at 1992, page 99.) The author describes the competencies that will be required of arbitrators of employment disputes arising under statutes.