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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…

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The role of private bargaining and grievance arbitration in eliminating discrimination in the workplace.In Emporium Capwell Co. v. Western Addition, the Court held that the employees’ substantive rights under Title…

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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…

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Professor Feller reviews three of his earlier papers. The first, “A General Theory of the Collective Bargaining Agreement,” advanced a theory of labor arbitration which, he acknowledges, the courts have…

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In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had previously resorted to grievance arbitration….

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