The author examines the public policy grounds on which courts vacate labor arbitrators’ awards….

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…

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

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…

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,…

Employment law is witnessing a great upsurge in class action filings for wages and hours, for discrimination, and for other claims. Class action waivers can blunt, if not entirely eliminate,…

The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present an in-depth survey of the…

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…

A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an extensive analysis of the survey…

David Feller introduces Justice Brennan, who, observes that “arbitral awards are not accorded sufficient finality and that federal law intrudes at every turn.” Justice Brennan recommends that arbitrators do their…