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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 in the arbitration of statutorily-based…

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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 employment regulation is rejected and…

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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 contractually authorized to do so….

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Federal minimum wage determination in Puerto Rico

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 was changed in 1940 to…

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Tripartite wage determination in Puerto Rico

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; barriers to participation by affected…

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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…

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Melding external law with the collective bargaining agreement

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 to assure a full and…

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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 enforceability of class action waivers…

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