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Suggestions on restoring attributes of arbitration that made it attractive: the curbing of hearings on frivolous grievances; the promotion of local resolution, to minimize time and costs; the development of a pool of acceptable and diverse arbitrators; and the avoidance of over-long, dicta-ridden and delayed decisions. The use of arbitrators as an anti-discrimination tool, and …

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The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are willing to incorporate the resolution of discrimination claims, with reference to existing law, in bargaining agreements. Also suggested is the deferral of EEOC cases to arbitral review, with arbitration costs …

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