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Labor and Employment Law

Hofstra Labor & Employment Law Journal

Journal

Labor arbitration

Articles 1 - 24 of 24

Full-Text Articles in Law

Negotiating The People's Capital Revised, Samuel Estreicher Jan 2011

Negotiating The People's Capital Revised, Samuel Estreicher

Hofstra Labor & Employment Law Journal

Editor's Note: What follows is the second part of an unofficial transcript of an off-the-record conversation among three of the labor movement's leading strategists. (The first installment appeared under the title “Strategy for Labor,” 22 J. Labor Research 569 (Summer 2001), and has been updated as “Strategy for Labor Revisited,” available www.ssrn.com). This second meeting was also convened by C, or "cooperationist," who had been for over ten years the president of a local union, part of a major industrial union, representing 3,000 employees who had been hired to staff a new manufacturing plant in a Southern town ("Newplant"). Newplant …


Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs Jan 2010

Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs

Hofstra Labor & Employment Law Journal

No abstract provided.


Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg Jan 2008

Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg

Hofstra Labor & Employment Law Journal

No abstract provided.


Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales Jan 2006

Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales

Hofstra Labor & Employment Law Journal

Unilateral-modification clauses give one party the unfettered right to amend or reject the underlying contract, often with neither notice to nor consent from the other party. State and federal courts are divided on the issue of whether employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration when the employer's unilateral-modification rights create a lack of consideration, a non-mutual agreement, an illusory promise to arbitrate, or an unconscionable agreement. A minority of courts find …


Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston Jan 2003

Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston

Hofstra Labor & Employment Law Journal

No abstract provided.


When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker Jan 2002

When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker

Hofstra Labor & Employment Law Journal

No abstract provided.


State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher Jan 2000

State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher

Hofstra Labor & Employment Law Journal

No abstract provided.


Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller Jan 2000

Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller

Hofstra Labor & Employment Law Journal

Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …


Labor Law And The Sports Industry, Robert D. Manfred Jr. Jan 1999

Labor Law And The Sports Industry, Robert D. Manfred Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.


Discipline In Sports, George Nicolau Jan 1999

Discipline In Sports, George Nicolau

Hofstra Labor & Employment Law Journal

No abstract provided.


Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur Jan 1999

Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur

Hofstra Labor & Employment Law Journal

No abstract provided.


Foreward: Discipline In Professional Sports, Alfred G. Feliu Jan 1999

Foreward: Discipline In Professional Sports, Alfred G. Feliu

Hofstra Labor & Employment Law Journal

No abstract provided.


The Perception And Reality Of Discipline In Sports, Gene Orza Jan 1999

The Perception And Reality Of Discipline In Sports, Gene Orza

Hofstra Labor & Employment Law Journal

No abstract provided.


The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner Jan 1999

The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner

Hofstra Labor & Employment Law Journal

No abstract provided.


Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller Jan 1998

Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller

Hofstra Labor & Employment Law Journal

No abstract provided.


Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin Jan 1996

Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin

Hofstra Labor & Employment Law Journal

No abstract provided.


Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld Jan 1996

Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld

Hofstra Labor & Employment Law Journal

No abstract provided.


Toward A New Paradigm Of Labor Arbitration In The Federal Courts, Charles J. Coleman, Gerald C. Coleman Jan 1995

Toward A New Paradigm Of Labor Arbitration In The Federal Courts, Charles J. Coleman, Gerald C. Coleman

Hofstra Labor & Employment Law Journal

No abstract provided.


The Arbitration Of Statutory Disputes: The Role Of The Arbitrator -- Procedural And Substantive Considerations, Ira F. Jaffe Jan 1992

The Arbitration Of Statutory Disputes: The Role Of The Arbitrator -- Procedural And Substantive Considerations, Ira F. Jaffe

Hofstra Labor & Employment Law Journal

No abstract provided.


Judicial Review Of Labor Arbitration Awards: Practices, Policies And Sanctions, Mark Berger Jan 1992

Judicial Review Of Labor Arbitration Awards: Practices, Policies And Sanctions, Mark Berger

Hofstra Labor & Employment Law Journal

No abstract provided.


Remarks Before The National Academy Of Arbitrators, Jean Mckee Jan 1992

Remarks Before The National Academy Of Arbitrators, Jean Mckee

Hofstra Labor & Employment Law Journal

No abstract provided.


Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein Jan 1989

Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein

Hofstra Labor & Employment Law Journal

No abstract provided.


The British And American Experiences From The Perspective Of A Neutral, Eric J. Schmertz Jan 1988

The British And American Experiences From The Perspective Of A Neutral, Eric J. Schmertz

Hofstra Labor & Employment Law Journal

No abstract provided.


Deferral To Arbitration: Accommodation Of Competing Statutory Policies, Mark A. Shank Jan 1985

Deferral To Arbitration: Accommodation Of Competing Statutory Policies, Mark A. Shank

Hofstra Labor & Employment Law Journal

No abstract provided.