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,… Read More »Mandatory Arbitration of Employment Class Action Disputes: From the Perspective of Plaintiffs’ Counsel
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… Read More »Where is the New Enterprise Wheel? Judicial review of employment arbitration awards
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… Read More »Employer neutrality and card checks 2. Navigating the uncharted seas of negotiated tranquility: A management perspective on employer neutrality agreements and card checks
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… Read More »Evidence in labor arbitration: How arbitrators rule.Going beyond “Taking It for what it is worth”: Are there basic principles of evidence in laborarbitration?
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… Read More »Current challenges and recent developments in four industries 3. A case study of how the courts affect arbitrators and arbitration in the public sector:Illinois and the public policy exception
Reports from the appointing agencies, including caseload statistics, time and costs; litigation; training and other services offered; and trends
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… Read More »Arbitration decisions of the U.S. Supreme Court 2000-2001
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… Read More »Judicial review of labor arbitration awards:The view from the bench
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… Read More »How the Federal Arbitrator Act will stabilize and strengthen the law of labor arbitration.
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… Read More »Invited paper: Mandatory arbitration of statutory issues:Austin, Wright, and the future.