The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – II. A Management Perspective of the Act
The employee’s rights to freedom of speech, religious freedom and freedom from religious discrimination are examined in the public and private workplace.
Although the author could find no arbitration decisions dealing with trans-gender discrimination, Federal Courts have afforded Title VII protection against such discrimination.
In Lyle v. Warner Brothers Television, the California Supreme Court ruled that salacious language, if job-related or if not intended to harass or discriminate against… Read More »Sex in the workplace
A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question:… Read More »Invited papers: 1. Optimality theory and its implications for arbitral practice
The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external… Read More »The state of external law’s effect on the arbitration process. 1. External law in arbitration: hard-boiled, soft-boiled, and sunny-side up.
Attorney Teitelbaum notes the infrequency with which statutory claims arise, and that CBAs often furnish the means for redress of matters also addressed by statute.… Read More »The state of external law’s effect on the arbitration process. 3. A commentary on the external law papers; 4. Panel discussion.
The author states that, in the Circuit City decision, the U.S. Supreme Court “mangled” the FAA and ignored the provision in the Civil Rights Act… Read More »Arbitration decisions of the U.S. Supreme Court 2000-2001:Employee perspective
The author explains management’s preference for arbitration rather than litigation (especially jury trials) of employment disputes.
An examination of the arbitrator’s role in applying public statutes to determinations of just cause when those statutes have been incorporated by reference into the… Read More »The changing face of just cause:One standard or many? Overview