Professor Nolan identifies the forces to which the decline of labor unions are often attributed, but posits that it was the inability of unions to bargain at the national level…

President Picher recounts the changing role of arbitrators in applying external law, culminating in the Supreme Court’s 2009 decision in 14 Penn Plaza v Pyett….

The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that enactment of the AFA would…

Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that…

Attorney Brennwald suggests that, in Pyett, the Court might entrust the enforcement of statutory rights to the union’s discretion, subject only to its duty of fair representation and its obligation…

The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter,…

Arbitrators and labor and management representatives discuss the possible impact of Pyett on union representational duties and employees’ rights….

An assessment of the Pyett decision, in which the Supreme Court validated CBA compulsory arbitration of bargaining unit members’ federal statutory claims. Attorney Barnard examines the CBA language relied upon…

In New York, the Realty Advisory Board on Labor Relations, Inc. and SEIU Local 32BJ have adopted a “Protocol and Agreement” for handling discrimination claims that affords the employee and…

A panel discussion about the practical implications of arbitrating statutory claims that arise in the workplace