President Zack notes the increasing incorporation by reference of statutory rights into the CBA, and the “statute-reading” authority granted arbitrators by the Supreme Court in Gilmer. He posits the risk…
Employment litigation and dispute resolution: The Dunlop Commission Report:The industrial relations universe revisited
Marsha S. Berzon, John T. Dunlop, Joseph Grodin, Judith Droz Keyes
March 16, 1995 Proceedings Database
Professor Dunlop describes the current and projected state of employment law disputes favoring alternative dispute resolution in lieu of litigation and administrative rulings. The Commission on the Future of Worker-Management…
Presidential Address: President Rubin reviews the history of arbitration and contemplates the expansion of the Academy to employment and other fields of arbitration.
The survey of Academy members reveals the small but increasing number of cases they take dealing with the employment arbitration of statutory disputes. The survey addresses associated due process concerns;…
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…
An introduction to three articles: 1) “harmless error” vs. due process under the Dougherty seven tests; 2) the assertion that substantive due process requires “fairness”; 3) procedural due process and…
The Due Process Protocol was designed to provide due process to employment disputes involving statutory rights. The author recommends that arbitrators apply the Due Process Protocol and other measures as…
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…
A brief history of the Due Process Protocol is given. It is observed that, for even those organizations and arbitrators who purport to comply with the Protocol, there is no…