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…

An examination of the factors favoring the arbitration of employment disputes. Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) is distinguished from Gilmer (arbitration is appropriate except…

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…

Attorney Brauer asserts that, while other federal legislation dealing with employee discrimination has viewed distinctions between workers as largely irrational, the ADA has turned that precept on its head: it…

An examination of the statutory criteria contained in the ADA, and the potential conflict between management’s duty of reasonable accommodation under the ADA, and its Section 8 duty to bargain…

The author notes that the first obligation of a labor union is to the group rights of its members, and that those interests may be contrary to a disabled member’s…

The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled…

Mandatory arbitration of statutory claims is discussed, including limitations on the enforceability of related contractual provisions. A sample agreement, mandating arbitration of statutory claims, is appended.

Can an employee’s statutory rights be made the subject of a collectively bargained arbitration agreement? Relevant case law is examined. The author concludes that (except in the Fourth Circuit) when…