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…
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…
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…
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…
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…
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 laid the foundation for a…
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 in public sector arbitration; and…
The pitfalls of med-arb are described; ways to avoid them recommended; and the process described. The med-arb contract is discussed and sample provisions offered…