NAA members and the exploding ADR universe:An overview of employment ADR in California
An examination of the state of employment dispute resolution law in the State of California.
employment arbitration
NAA members and the exploding ADR universe:EEO mediation at the EEOC
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… Read More »NAA members and the exploding ADR universe:EEO mediation at the EEOC
Invited paper: Mandatory arbitration of statutory issues:Austin, Wright, and the future.
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… Read More »Invited paper: Mandatory arbitration of statutory issues:Austin, Wright, and the future.
What to expect at your employment arbitration.
An exploration of the substantive and procedural differences between arbitration of a CBA provision and a statutory claim. A mock pre-hearing conference is presented.
Statement of the National Academy of Arbitrators on conditions of employment agreements.
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… Read More »Statement of the National Academy of Arbitrators on conditions of employment agreements.
Presidential address: Wherefore?
Labor arbitrators are experiencing an increase in the scope of cases outside the CBA, while the authority and power of parties and the authority of… Read More »Presidential address: Wherefore?
Presidential address: Protecting NAA standards in the world of ADR.
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… Read More »Presidential address: Protecting NAA standards in the world of ADR.
Employment litigation and dispute resolution: The Dunlop Commission Report:The industrial relations universe revisited
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… Read More »Employment litigation and dispute resolution: The Dunlop Commission Report:The industrial relations universe revisited
Make-whole and statutory remedies:4. Management perspective
In the face of Gilmer, the authors recognize the role of arbitrators in resolving employment disputes based upon federal statute, and recommend that organizations such… Read More »Make-whole and statutory remedies:4. Management perspective
Make-whole and statutory remedies:Individual employee perspective
Mandatory arbitration of statutory claims is discussed, including limitations on the enforceability of related contractual provisions. A sample agreement, mandating arbitration of statutory claims, is… Read More »Make-whole and statutory remedies:Individual employee perspective