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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 his/her employer a cost-effective means for resolving claims. This article gives a brief history of the arbitration of labor disputes before Pyett and the significance …

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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.

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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 result in such disputes being channeled to the courts, creating a substantial additional caseload for the judiciary, and a costly burden to litigants. The role …

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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 employees, similarly situated, do about as well in arbitration as in the courts. Professor St. Antoine observes that arbitration is often the only affordable option …

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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 (sometimes termed “corporatism”), as they had from the 1930’s until the 1970s, that has engendered their decline. He the trend, of slow descent, as likely …

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A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question: Is it socially desirable to permit employers to impose mandatory arbitration in disputes involving public rights? The logistical advantages of arbitration are described, as is the potential disadvantage of a …

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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 be circumspect in investing the arbitrator with such authority. The parties should also consider whether they want classwide claims heard by an arbitrator.

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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 …

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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 CBA.

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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 the arbitrator then present a thorough analysis of those arguments in his or her decision. Doing so may reduce the likelihood of vacatur.

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