Employment Arbitration: the Voice of (Mostly Vicarious) experience
An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.
FAA
Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – I. Improving Due Process in Employment Arbitration
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… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – I. Improving Due Process in Employment Arbitration
Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – II. A Management Perspective of the Act
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… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – II. A Management Perspective of the Act
Invited papers: 1. Optimality theory and its implications for arbitral practice
A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question:… Read More »Invited papers: 1. Optimality theory and its implications for arbitral practice
The Revised Uniform Arbitration Act: Third leg of modern arbitration law
A description of the “mindset and methodology” employed by the drafters of the Revised Uniform Arbitration Act, the essential elements and public policies underlying the… Read More »The Revised Uniform Arbitration Act: Third leg of modern arbitration law
Arbitration decisions of the U.S. Supreme Court 2000-2001:Union perspective
A union perspective of the Supreme Court’s 2000-2001 term. The author notes that, in Green Tree and in Circuit City, the Court has imposed an… Read More »Arbitration decisions of the U.S. Supreme Court 2000-2001:Union perspective
How the Federal Arbitrator Act will stabilize and strengthen the law of labor arbitration.
The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of… Read More »How the Federal Arbitrator Act will stabilize and strengthen the law of labor arbitration.
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.
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
Legislation, discrimination, and benefits: Part 1. Americans with Disabilities Act and Civil Rights: Effect on arbitration
A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs,… Read More »Legislation, discrimination, and benefits: Part 1. Americans with Disabilities Act and Civil Rights: Effect on arbitration