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… Read More »: You Want a Piece of Pyett With That? II. The Forum for Litigation of Statutory Employment Claims After Pyett: A NewApproach from Management and Labor
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… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – II. A Management Perspective of the Act
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… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks
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… Read More »Presidential Address by Dennis Nolan
A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question:… Read More »Invited papers: 1. Optimality theory and its implications for arbitral practice
The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should… Read More »The state of external law’s effect on the arbitration process. 2. The role of external law in arbitration and judicial review
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.… Read More »The state of external law’s effect on the arbitration process. 3. A commentary on the external law papers; 4. Panel discussion.
An examination of the arbitrator’s role in applying public statutes to determinations of just cause when those statutes have been incorporated by reference into the… Read More »The changing face of just cause:One standard or many? Overview
The author recommends that, when statute is cited in a just cause case, the arbitrator have the parties thoroughly address the statutory arguments, and that… Read More »The changing face of just cause:One standard or many? The union response