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,…
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…
An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.
An examination of the state of employment dispute resolution law in the State of California.
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.
The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining. In each case, an agreement…
Professor Rentfro proffers that evolving societal values are reflected in the workplace: sexual harassment cases; drug and alcohol cases (and employee assistance programs); and a breakdown in the social contract…
Judge Edwards discusses the advantages of arbitration over the litigation of labor disputes, and endorses arbitration for employment disputes, including discrimination.
The authors consider the increasing use of arbitration for non-union employee grievances and the challenges, both ethical and practical, for NAA arbitrators called upon to hear and decide those grievances.
Anthony V. Sinicropi describes the rise and decline of organized labor in the United States, the forces at work regarding each, and the rise of individual rights under federal legislation….