The “Golden Age” of labor arbitration – “the era of industrial self-governance” – commenced during or soon after WWII, and started to decline in the 1960’s, with an increase in…

An examination of the standards for enforcing an employee’s waiver of the right to judicial resolution of employment disputes (in favor of arbitration). The validity of arbitration agreements under state…

An examination of the development and implementation of the EEOC’s voluntary mediation program, and discussion of proposed legislation: the National Employment Dispute Resolution Act (or ‘NEDRA”)….

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…

The author asserts that the labor movement is at a crossroads and not on its deathbed, and that greater emphasis on organizing and strategic and coordinated bargaining campaigns may prove…

Attorney Clark observes the growth of unionization in the public sector and contraction in the private sector, and the reasons for each. He concludes that the landscape has changed in…

Professor Nolan presents a history of labor arbitration and of the National Academy (including the recent decline in membership) and the rise in employment arbitration. He describes three alternatives for…

Preliminary results from a survey of the National Academy of Arbitrators dealing with the growing use of arbitration and mediation in employment disputes

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;…

NAA President Kagel warns of the increasingly legalistic environment for labor arbitration caused by the spill-over of practices from the courts and from private commercial dispute resolution (including employment disputes)….