Attorney Hautzinger sees a new era in employee involvement in operational decisions that runs counter to the National Labor Relations Act. He sees no “social contract” because he sees no…

The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled…

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…

Arbitration as a venerable and honorable process, and the consistency of its attributes is traced from the 17th century.

The author discusses the likely growth of employment arbitration, and the matters yet to be resolved for the labor arbitrator as a practitioner of employment arbitration….

President Zack notes the increasing incorporation by reference of statutory rights into the CBA, and the “statute-reading” authority granted arbitrators by the Supreme Court in Gilmer. He posits the risk…

Professor Dunlop describes the current and projected state of employment law disputes favoring alternative dispute resolution in lieu of litigation and administrative rulings. The Commission on the Future of Worker-Management…

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…

Mandatory arbitration of statutory claims is discussed, including limitations on the enforceability of related contractual provisions. A sample agreement, mandating arbitration of statutory claims, is appended.

NAA President Nicolau discusses the measures the Academy and its member should take to preserve fairness and effectiveness given the increasing frequency with which arbitrators are called upon to resolve…