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Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under the latter; and bases of…

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A critical appraisal of the handling of representational issues under the NLRA and its negative impact on private sector union membership. The alternative of increased employment regulation is rejected and…

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A common provision in standard form employment and consumer arbitration agreements restricts the claimant to bringing an individual action only. The case law governing the enforceability of class action waivers…

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The arbitrator’s immunity from suit and subpoena

The authors discuss the origin, theory, and current application of the doctrine of arbitral immunity. They recommend an “aggressive defense” in response to suit or subpoena, and present possible responses…

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The incredible shrinking workplace: Legal and arbitration issues generated by reorganizations and downsizing.

An examination of the issues that arbitrators will face, arising from bankruptcies and the impact of the Employee Retirement Income Security Act (ERISA). Management and union perspectives are offered on…

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New pension reform legislation

A description of the initial application of the Employee Retirement Income Security Act of 1974, as enforced by the Department of Labor and the Internal Revenue Service. ERISA was created…

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