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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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.

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