The author notes that the first obligation of a labor union is to the group rights of its members, and that those interests may be contrary to a disabled member’s…
The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled…
The author discusses the likely growth of employment arbitration, and the matters yet to be resolved for the labor arbitrator as a practitioner of employment arbitration….
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 Gilmer. He posits the risk…
Employment litigation and dispute resolution: The Dunlop Commission Report:The industrial relations universe revisited
Marsha S. Berzon, John T. Dunlop, Joseph Grodin, Judith Droz Keyes
March 16, 1995 Proceedings Database
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 on the Future of Worker-Management…
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 as the AAA and NAA…
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 appended.
American Arbitration Association California Employment Dispute Resolution Rules, effective June 1, 1955
Employment Arbitration – Panel Discussion
Theodore J. St. Antoine, Hoyt N. Wheeler, Alexander J.S. Colvin, David Schesinger, Paul J. Yechout
March 16, 2012 Proceedings Database
A discussion of employment arbitration and the due process protection of the parties involved