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An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.

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Employment Arbitration – Panel Discussion

A discussion of employment arbitration and the due process protection of the parties involved

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Presidential Address by Roberta Golick

President Golick states that arbitrators bring their world views, duty of neutrality and adherence to Supreme Court philosophies when writing evidence-based decisions.

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The author describes arbitrators’ varying approaches to the arbitration hearing, from active and interventionist, to passive, permitting the advocates to present their cases as they choose without inteference from the arbitrator. Arbitrator Greco recommends that, for the sake of efficiency, the arbitrator should obtain, pre-hearing, the partie’s stipulations as to undisputed facts and their agreement …

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Attorney Boone examines how industrial democracy has been promoted by the Trilogy cases.He examines the intellectual, legal, and historical context of the Trilogy; and the role of union advocates in preserving, through arbitration, a viable labor movement.

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The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter, Professor Gould surveys the judicial history that preceded the Trilogy and the subsequent application and expansion of the Trilogy principles (including its recent exansion – …

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Arbitrator Jaffe invokes his personal experiences to illuminate desirable objectives of the arbitration process; e.g., the development of an adequate record, asuring a fair and transparent process that engenders trust in the outcome. Hypotheticals are furnished for context.

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How Much Are You Due? Balancing Due Process and Access to Justice

A panel gives practical advice for achieving a one-day hearing.

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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 assert that precluding class actions would undermine the private enforcement of important public policies, including nondiscriminationand consumer protection. If class actions are eliminated, economically unfeasible but socially necessary claims will no longer be brought by plaintiffs. State courts and also federal circuit courts are split on whether to enforce arbitration agreements that preclude …

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