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Full-Text Articles in Labor Relations
Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough
Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough
Alexander Colvin
[Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee …
Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough
Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough
Alexander Colvin
The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of a …
Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire
Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire
Alexander Colvin
At the outset of the Thatcher/Reagan era, the employment and labor law systems across six Anglo- American countries could be divided into three pairings: the Wagner Act model of the United States and Canada; the Voluntarist system of collective bargaining and strong unions in the United Kingdom and Ireland; and the highly centralized, legalistic Award systems of Australia and New Zealand. The authors argue that there has been growing convergence in two major areas: First, of labor law toward a private ordering of employment relations in which terms and conditions of work and employment are primarily determined at the level …