The state of external law’s effect on the arbitration process. 3. A commentary on the external law papers; 4. Panel discussion.

March 16, 2004


Proceeding Authors:
Theodore J. St. Antoine, Marilyn Teitelbaum, Robert M. Vercruysse
 

Attorney Teitelbaum notes the infrequency with which statutory claims arise, and that CBAs often furnish the means for redress of matters also addressed by statute. The potential conflicts between seniority rights on the one hand, and Civil Rights statutres and Disabilities Rights statutes on the other are discussed. It is noted that the Supreme Court has not decided whether a union could waive the right of an individual employee to take a discrimination claim to court, and to have recourse to arbitration alone under the CBA.


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