NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.

Read more

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, or amending the Federal Arbitration Act to ban pre-dispute employment agreements or establishing clear due process protections.

Read more

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 result in such disputes being channeled to the courts, creating a substantial additional caseload for the judiciary, and a costly burden to litigants. The role …

Read more

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 permit employers to impose mandatory arbitration in disputes involving public rights? The logistical advantages of arbitration are described, as is the potential disadvantage of a …

Read more

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 Act, and the likely impact of the Act. An employee perspective on mandatory employment arbitration and the RUAA is given, including the importance of discovery and the awarding of attorneys …

Read more

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 arbitral forum for the resolution of statutory claims. Labor objects to the Court’s imposition of arbitration on unwilling parties, and predicts that it will lead to government regulation of arbitration. …

Read more

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 substantial symmetry.” Federal preemption under each, the common threshold issues of consent and substantive arbitrability, and the bases of judicial vacatur of each are discussed. The author proffers that a …

Read more

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 that labor-management arbitration may lose credibility in the face of unilaterally imposed arbitration. He stresses the importance of the participation of labor, management and arbitrators …

Read more

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 as the AAA and NAA be at the forefront in developing rules assuring procedural and substantive fairness.

Read more

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, whereas the ADA will impose requirements at odds with the National Labor Relations Act and, correspondingly, common CBA provisions. The Court’s distinctions between Gilmer and Gardner-Denver are examined. Representatives of …

Read more
Page 1 of 2 12