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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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Arbitrator Ellis recommends improving fairness and due process in employment arbitration cases by updating the Due Process Protocol, expanding the influence of of the current guidelines for hearing employment cases, or amending the Federal Arbitration Act to ban pre-dispute employment agreements or establishing clear due process protections.

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The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that enactment of the AFA would result in such disputes being channeled to the courts, creating a substantial additional caseload for the judiciary, and a costly burden to litigants. The role …

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A light-hearted review of the progress of women in the arbitration profession, and a word of cuation about the Academy’s upcoming vote on a change in its constitution, giving increased recognition to employment arbitration.

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Employment law is witnessing a great upsurge in class action filings for wages and hours, for discrimination, and for other claims. Class action waivers can blunt, if not entirely eliminate, an instrument for social improvement often used by organizations and attorneys representing individuals. Efforts by private foums to regulate class action waivers have had only …

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Where is the New Enterprise Wheel? Judicial review of employment arbitration awards

The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present an in-depth survey of the judicial criteria for vacatur, and include a listing of cases, a statistical analysis of those cases, and a state-by-state description of the laws of those …

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The rationale for a draft resolution to expand the Academy’s membership and mission to include additional forms of workplace dispute resolution. Proposed revisions to the Academy’s Constitution and Bylaws are presented.

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Professor Lewin describes causes of the decline of arbitration and mediation in unionized settings, and their increase in non-unionized: the enactment of federal regulations affording employee workplace protections; the adoption of ADR procedures by employers; and the increase in demand for those procedures that has ensued from court rulings of the arbitrability of those federal …

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Workplace justice without unions: Summary of a study

A comparison of the industrial justice systems developed by non-unionized companies, comparing them also to labor arbitration, to United States courts, and to courts in other countries, examining the favorableness of the systems to the respective parties and examining several other dimensions. The studies show the statistical “win” percentages in various forums; the costs; and …

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