NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

The article addresses whether monetary awards should be reduced by unemployment compensation received, or be increased for interest, attorneys’ fees and other payments expended. The awarding of money in non-disciplinary cases, and loser-pays are discussed.

Read more

The Revised Uniform Arbitration Act: Third leg of modern arbitration law

A description of the “mindset and methodology” employed by the drafters of the Revised Uniform Arbitration Act, the essential elements and public policies underlying the Act, and the likely impact of the Act. An employee perspective on mandatory employment arbitration and the RUAA is given, including the importance of discovery and the awarding of attorneys …

Read more

Professor Snow offers a theory for fashioning arbitration remedies in the face of contractual silence: reliance upon “gap-fillers,” (meaning norms embedded in arbitral jurisprudence, e.g. arbitration awards) and as indicated “in the expectations, customs and practices of particular industries.” Attorneys’ fees, punitive awards, front pay, and the payment of interest are discussed.

Read more

An examination of the factors favoring the arbitration of employment disputes. Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) is distinguished from Gilmer (arbitration is appropriate except where Congress intended to preclude waiver of the judicial forum) by their factual dissimilarities. (See alternative reasoning at 1992, page 82.) The author predicts that …

Read more

Arbitration and relentless legalization in the workplace

An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor Relations Act, there is a steady flow of cases dealing with areas of statutory regulation of the workplace: wage and hour, safety and health, pension and welfare benefits, and equal …

Read more

Arbitration in the federal sector

Arbitrators and advocates give their per perspectives of arbitration in the federal sector. Arbitrators assert that the parties often fail to provide the relevant law, rules, and regulations that must be considered; the advocates assert that arbitrators often fail to apply the required standards or to consider the appropriate authority.

Read more

Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …

Read more