A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an extensive analysis of the survey…
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 statement of opposition to mandatory employment arbitration as a condition of employment, and caution that Academy members should evaluate the fairness of the arbitration procedures in light of the…
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…
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…
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…
Where is the New Enterprise Wheel? Judicial review of employment arbitration awards
Peter Feuille, Judith Droz Keyes, Michael H. LeRoy, Robert J. Rabin, Sharon R. Vinick
January 16, 2007 Proceedings Database
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…
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…
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…
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,…