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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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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, or amending the Federal Arbitration Act to ban pre-dispute employment agreements or establishing clear due process protections.

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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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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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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 by the Academy.

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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 results and the causes of vacatur, the authors conclude that most critics of judicial review of labor arbitration awards fail to give federal courts due …

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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 a labor arbitrator’s finding of fact; the third with the authority of a court, under the Federal Arbitration Act, to hear an appeal, including a …

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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 treatment cases. He describes why employees prefer jury trials, the reasons including the opportunity for discovery, more sympathetic decision-makers, and more appropriate remedies.

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