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A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question: Is it socially desirable to permit employers to impose mandatory arbitration in disputes involving public rights? The logistical advantages of arbitration are described, as is the potential disadvantage of a …

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Union security in the context of labor arbitration

Union “security agreements” can require all employees, as a condition of employment, to pay a “fair share” or representational costs. This is sometimes miscast as requiring union “membership”; the NLRB has ruled that unions have an affirmative duty to inform employees that membership is not required. This article discusses the permissible uses for union dues, …

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Attorney Brauer asserts that, while other federal legislation dealing with employee discrimination has viewed distinctions between workers as largely irrational, the ADA has turned that precept on its head: it requires that workers not be treated the same. The ADA does not support resolution of such disputes by arbitration under a CBA. The author examines …

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An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a stronger rule of preclusion in collective bargaining arbitration cases – a rule that may remove a court’s discretion to deny preclusion where the arbitration meets …

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Arbitration in a changing environment

David Feller introduces Justice Brennan, who, observes that “arbitral awards are not accorded sufficient finality and that federal law intrudes at every turn.” Justice Brennan recommends that arbitrators do their utmost to render decisions that are consistent with the statutes to which they pertain and that, knowing that judicial second-guessing of their opinions will be …

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