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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…

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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…

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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…

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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…

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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…

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