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…

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 review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver. This is followed by an…

Attorney Brauer asserts that, while other federal legislation dealing with employee discrimination has viewed distinctions between workers as largely irrational, the ADA has turned that precept on its head: it…

An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a…

An examination, by NLRB General Counsel, of the NLRB’s rules for deferring to labor arbitration in unfair labor practice cases. The history of the deferral doctrine is traced from the…

The author reviews the increasing entwining of arbitration and the law and warns Academy members against the conclusion of their “having made it” or being fully proficient, based solely on…

An examination of the implications for arbitration of the Alexander v. Gardner-Denver decision.

A summary of 1973 and 1974 federal court and NLRB rulings involving labor arbitration. The authors discuss two US Supreme Court decisions, Gateway Coal – applying the presumption of arbitrability…