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Articles 31 - 60 of 120
Full-Text Articles in Law
Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales
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 …
Vacatur Of Labor Arbitration Awards: Watering Down The Supreme Court's Drawn From The Essence Precedent May Sound The Death Knell For Labor Arbitration , Jonathan R. Waldron
Vacatur Of Labor Arbitration Awards: Watering Down The Supreme Court's Drawn From The Essence Precedent May Sound The Death Knell For Labor Arbitration , Jonathan R. Waldron
Journal of Dispute Resolution
In CITGO Asphalt Ref. Co. v. Paper, Allied-Indus., Chem., & Energy Workers Int'l Union Local No. 2-991, the Court of Appeals for the Third Circuit, while merely giving lip service to Supreme Court precedent, further contributes to the situation where many circuit courts insidiously refuse to follow the Supreme Court's prohibition against reaching the merits of a labor arbitrator's award. It would appear that only through renewed Supreme Court vigilance and clarity can this trend be impeded.
From Supreme Court To Shopfloor: Mandatory Arbitration And The Reconfiguration Of Workplace Dispute Resolution, Alexander J. S. Colvin
From Supreme Court To Shopfloor: Mandatory Arbitration And The Reconfiguration Of Workplace Dispute Resolution, Alexander J. S. Colvin
Cornell Journal of Law and Public Policy
No abstract provided.
The Uncertain Future Of Mandatory Arbitration Of Statutory Claims In The Unionized Workplace, Erica F. Schohn
The Uncertain Future Of Mandatory Arbitration Of Statutory Claims In The Unionized Workplace, Erica F. Schohn
Law and Contemporary Problems
As arbitration processes have improved over the last ten years, the negative perception of mandatory arbitration provisions that apply to statutory claims has decreased. The case law reflects this change in perception, as courts how allow mandatory arbitration of statutory claims brought by nonunion employees. This article argues that the continued distinction between claims by union and nonunion employees lacks any meaningful justification--that is, that mandatory arbitration of statutory claims is as appropriate, if not more so, in the collective bargaining context as it is in the nonunionized workplace.
The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales
The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales
West Virginia Law Review
No abstract provided.
Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston
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.
Out Of The Frying Pan, Into The Fire: The Feasibility Of Post-Dispute Employment Arbitration Agreements, Lewis L. Maltby
Out Of The Frying Pan, Into The Fire: The Feasibility Of Post-Dispute Employment Arbitration Agreements, Lewis L. Maltby
William Mitchell Law Review
Changing the law to enforce only post-dispute agreements to arbitrate will not solve the problems of arbitration as a condition of employment. This change would leave the majority of employees who need arbitration in order to obtain justice empty handed, which is a situation far worse than the one employees face today. Rather than change from one unacceptable option to another, models for voluntary pre-dispute arbitration agreements need to be further developed.
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
University of Miami Law Review
No abstract provided.
Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing
Journal of Dispute Resolution
Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
University of Miami Law Review
No abstract provided.
When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker
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
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
Hofstra Labor & Employment Law Journal
No abstract provided.
You Cannot Choke Your Boss & (And) Hold Your Job Unless You Play In The Nba: The Latrell Sprewell Incident Undermines Disciplinary Authority In The Nba, Roger A. Javier
You Cannot Choke Your Boss & (And) Hold Your Job Unless You Play In The Nba: The Latrell Sprewell Incident Undermines Disciplinary Authority In The Nba, Roger A. Javier
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
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" …
Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy
Indiana Law Journal
No abstract provided.
Arbitral Practice And Purpose In Employee Off-Duty Misconduct Cases, Robert A. Kearney
Arbitral Practice And Purpose In Employee Off-Duty Misconduct Cases, Robert A. Kearney
Notre Dame Law Review
No abstract provided.
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
Discipline In Sports, George Nicolau
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
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
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
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
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
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.
Functus Officio: Does The Doctrine Apply In Labor Arbitration - Teamsters Local 312 V. Matlack, Inc., Amy Markel
Functus Officio: Does The Doctrine Apply In Labor Arbitration - Teamsters Local 312 V. Matlack, Inc., Amy Markel
Journal of Dispute Resolution
The doctrine of functus officio was developed at common law in response to concerns about the "solemnity of judgments" and the effect of outside influences on arbitrators' decisions.2 Although not strictly applied in arbitration that is conducted pursuant to the Labor Management Relations Act,3 the doctrine of functus officio prevents an arbitrator from vacating, modifying, supplementing, or correcting his award . Most courts recognize three narrow exceptions to the doctrine which allow an arbitrator to revisit his award under limited circumstances. This Note examines the application of the "clarification exception" to the doctrine in a labor dispute setting and outlines …
Application Of The Public Policy Exception For The Enforcement Of Arbitral Awards: There Is No Place Like The Home In Saint Mary Home, Inc. V. Service Employees International Union, District 1199, Scott Barbakoff
Villanova Law Review
No abstract provided.
Modifying The Standard Of Judicial Review Of Labor Arbitration Awards: A Comparison To Administrative Review Hearings - Osram Sylvania, Inc. V. Teamsters Local Union No. 528, Elizabeth Tenorio
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
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
Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld
Hofstra Labor & Employment Law Journal
No abstract provided.
Enforcing Mandatory Arbitration Clauses In Employment Contracts: A Common Sense Approach To The Federal Arbitration Act's Section 1 Exclusion, R. James Filiault
Enforcing Mandatory Arbitration Clauses In Employment Contracts: A Common Sense Approach To The Federal Arbitration Act's Section 1 Exclusion, R. James Filiault
Santa Clara Law Review
No abstract provided.
Toward A New Paradigm Of Labor Arbitration In The Federal Courts, Charles J. Coleman, Gerald C. Coleman
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.