In the face of Gilmer, the authors recognize the role of arbitrators in resolving employment disputes based upon federal statute, and recommend that organizations such as the AAA and NAA…

An examination of the factors favoring the arbitration of employment disputes. Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) is distinguished from Gilmer (arbitration is appropriate except…

A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use to assure a full and…

An examination of the development and implementation of the EEOC’s voluntary mediation program, and discussion of proposed legislation: the National Employment Dispute Resolution Act (or ‘NEDRA”)….

Can an employee’s statutory rights be made the subject of a collectively bargained arbitration agreement? Relevant case law is examined. The author concludes that (except in the Fourth Circuit) when…

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….

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…

Where a statute has not been incorporated by reference into the CBA, the arbitrator’s application of the statutory standards can yield inequitable results. The author recommends that arbitrators resort to…

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…

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…