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The authors assert that precluding class actions would undermine the private enforcement of important public policies, including nondiscriminationand consumer protection. If class actions are eliminated, economically unfeasible but socially necessary claims will no longer be brought by plaintiffs. State courts and also federal circuit courts are split on whether to enforce arbitration agreements that preclude …

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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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Arbitrator Winograd examines the derivation and purposes served by the broad admissibility of evidentiary submissions in labor arbitrations, and subsequent assessment of reliability and weight made by the arbitrator. He also presents the contrary views and reasoning of its critics. A simulated case is then presented to members of the National Academy, who discuss the …

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The authors posit that the principal impediment to unions winning NLRB-supervised elections is not that strategic advantages of employers but employees’ preferences and views, and that greater success of unions under neutrality agreements (78% vs. 51%) is attributable to (1) the hampering of all forms of employer expression and (2) the substitution of authorization cards …

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Arbitrator Benn describes cases in which arbitration awards he issued in Illinois were vacated by the Courts. The reversals came because he strictly adhered to the parties’ negotiated language and followed the limited role of an arbitrator, rendering results which ultimately clashed with what the Illinois courts felt should be the more politically expedient result …

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AAA/FMCS update: A view from the top

Reports from the appointing agencies, including caseload statistics, time and costs; litigation; training and other services offered; and trends

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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 asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of substantial symmetry.” Federal preemption under each, the common threshold issues of consent and substantive arbitrability, and the bases of judicial vacatur of each are discussed. The author proffers that a …

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Judicial review of labor arbitration awards:The view from the bench

An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix of rulings by the Fifth Circuit Court of Appeals (since Misco) in which the Court has refused to enforce arbitrators’ decision based upon the “essence” standard. This is followed by …

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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 employee grievances under CBAs contain statutory issues, those issues may be heard in the courts, notwithstanding that the grievance procedure has not been exhausted. The …

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