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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 his/her employer a cost-effective means for resolving claims. This article gives a brief history of the arbitration of labor disputes before Pyett and the significance …

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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 employees, similarly situated, do about as well in arbitration as in the courts. Professor St. Antoine observes that arbitration is often the only affordable option …

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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 arbitrator with such authority. The parties should also consider whether they want classwide claims heard by an arbitrator.

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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 rights on the one hand, and Civil Rights statutres and Disabilities Rights statutes on the other are discussed. It is noted that the Supreme Court …

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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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