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Arbitration Agreements: Should A Union Be Allowed To Make Collective Bargaining Agreements That Bind Individuals' Federal Statutory Claims To Arbitration - Brisentine V. Stone & (And) Webster Engineering Corp., Troy Groat

Journal of Dispute Resolution

With the constant increase of employment litigation2 among individuals, unions and companies, the use of arbitration clauses continues to grow each day. While it is clear that arbitration clauses can be beneficial, it is not clear when and in what situations they should be binding, and hence, waive the rights of parties to have their day in court. Against this backdrop, the Brisentine court faced the issue of whether a union, when making a collective bargaining agreement, can bind individual employee's federal statutory rights to arbitration