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.
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.
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
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
The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase… Read More »The changing character of labor arbitration
An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has… Read More »Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.
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… Read More »Arbitration in a changing environment
The author examines the public policy grounds on which courts vacate labor arbitrators’ awards.