A common provision in standard form employment and consumer arbitration agreements restricts the claimant to bringing an individual action only. The case law governing the… Read More »Class Action Waivers in Arbitration Agreements:The Chaotic State of the Law
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
A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use… Read More »Melding external law with the collective bargaining agreement
A critical appraisal of the handling of representational issues under the NLRA and its negative impact on private sector union membership. The alternative of increased… Read More »The National Labor Relations Act: 1935-1985 (I: Milestone or millstone: The Wagner Act at fifty)
A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase… Read More »Recent law and arbitration: 3. NRLB deferral to the arbitration process: the arbitrator’s awesome responsibility
The Fair Labor Standards Act of 1938 was originally applicable to Puerto Rico but, because minimum wage rates discouraged hiring on the island, the law… Read More »Federal minimum wage determination in Puerto Rico
Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly… Read More »When should arbitrators follow federal law?
A review of industry committees established to recommend minimum wages under the Fair Labor Standards Act (FLSA). The review includes a discussion of time constraints;… Read More »Tripartite wage determination in Puerto Rico