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Attorney Teitelbaum notes the infrequency with which statutory claims arise, and that CBAs often furnish the means for redress of matters also addressed by statute. The potential conflicts between seniority…

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The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the…

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Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that…

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In New York, the Realty Advisory Board on Labor Relations, Inc. and SEIU Local 32BJ have adopted a “Protocol and Agreement” for handling discrimination claims that affords the employee and…

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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…

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