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… Read More »Invited paper: Mandatory arbitration of statutory issues:Austin, Wright, and the future.
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… Read More »Make-whole and statutory remedies:Individual employee perspective
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… Read More »Arbitration of health-related issues, with special reference to the ADA
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… Read More »Arbitration of health-related issues, with special reference to the ADA: Labor perspective
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… Read More »Arbitration of health-related issues, with special reference to the ADA: Management perspective
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… Read More »Changing values in the workplace and arbitration: Labor perspective
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 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… Read More »The changing character of labor arbitration:Labor perspective
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.