Professor Grodin examines four U.S. Supreme Court decisions. The first deals with setting aside a labor arbitrator’s award that conflicts with “public policy”; the second with judicial authority to overrule…

The author states that, in the Circuit City decision, the U.S. Supreme Court “mangled” the FAA and ignored the provision in the Civil Rights Act for jury trial of disparate…

Bill Usery is introduced and his career described, and his career is described. Secretary Usery then gives a brief history of labor arbitration in the U.S., and the contribution made…

A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an extensive analysis of the survey…

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…

Arbitrator Ellis recommends improving fairness and due process in employment arbitration cases by updating the Due Process Protocol, expanding the influence of of the current guidelines for hearing employment cases,…

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…

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