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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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An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.

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The pitfalls of med-arb are described; ways to avoid them recommended; and the process described. The med-arb contract is discussed and sample provisions offered

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This paper explores situations in which an employee is required as a condition of employment to submit statutory claims to arbitration. Rabin presents a review of court decisions on agreements to arbitrate statutory claims.

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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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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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A common provision in standard form employment and consumer arbitration agreements restricts the claimant to bringing an individual action only. The case law governing the enforceability of class action waivers in arbitration agreements is in a state of confusion, with no clear resolution in sight. Professor Malin surveys the landscape.

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Employment law is witnessing a great upsurge in class action filings for wages and hours, for discrimination, and for other claims. Class action waivers can blunt, if not entirely eliminate, an instrument for social improvement often used by organizations and attorneys representing individuals. Efforts by private foums to regulate class action waivers have had only …

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Where is the New Enterprise Wheel? Judicial review of employment arbitration awards

The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present an in-depth survey of the judicial criteria for vacatur, and include a listing of cases, a statistical analysis of those cases, and a state-by-state description of the laws of those …

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Workplace justice without unions: Summary of a study

A comparison of the industrial justice systems developed by non-unionized companies, comparing them also to labor arbitration, to United States courts, and to courts in other countries, examining the favorableness of the systems to the respective parties and examining several other dimensions. The studies show the statistical “win” percentages in various forums; the costs; and …

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