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Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson
Villanova Law Review
No abstract provided.
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
Fordham Urban Law Journal
The United States Supreme Court in Alexander v. Gardner-Denver Co. held that an employee could not be forced to arbitrate his discrimination claim against an employer pursuant to his union's collective bargaining agreement. Subsequent cases viewed Gardner-Denver as prohibiting mandatory arbitration in employment discrimination claims, until the Supreme Court upheld an agreement to submit all statutory discrimination claims to arbitration in Gilmer v. Interstate/Johnson Lane Corp. Gilmer seems to have limited the prohibition of mandatory arbitration in Gardner-Denver to collective bargaining agreements. Subsequently, many lower courts interpret Gilmer as an approval of arbitration clauses in employment agreements, and as such, …