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Dispute Resolution and Arbitration

University of Missouri School of Law

Employee

Articles 1 - 8 of 8

Full-Text Articles in Law

Future Of Mandatory Employee Arbitration Agreements, The, Marcy Greenwade Jan 2014

Future Of Mandatory Employee Arbitration Agreements, The, Marcy Greenwade

Journal of Dispute Resolution

First, this note examines the historical interpretations of arbitration agreements under the FAA and the NLRA. Next, it explores the reasoning behind the discrepancies that exist between the judicial and administrative arbitration decisions. Additionally, this note assesses the lack of a uniform standard and its effect on decision makers, employers, and employees. Lastly, this note evaluates the potential implications of a liberal policy favoring arbitration in the context of mandatory employee arbitration agreements.


Last Chance Agreements: How Many Chances Is An Employee Entitled To, Kathleen Birkhofer Jul 2005

Last Chance Agreements: How Many Chances Is An Employee Entitled To, Kathleen Birkhofer

Journal of Dispute Resolution

Over the years, a large number of cases involving labor issues have gone to arbitration. Of these labor cases, a distinct sub-category are those governed by the Railway Labor Act (RLA). In labor cases, including those governed by the RLA, the Supreme Court has repeatedly reaffirmed the strong federal policy in favor of arbitration. Furthermore, courts have consistently held that great deference must be shown toward the arbitrator when reviewing an arbitration award. However, there are still issues that arise as to just how much deference should be afforded to an arbitrator's decision and when a court can overturn an …


Democracy And Dispute Resolution: Systems Design And The New Workplace, Richard C. Reuben Apr 2005

Democracy And Dispute Resolution: Systems Design And The New Workplace, Richard C. Reuben

Faculty Publications

There has been growing discussion in law reviews and business journals about the so-called new workplace, which is distinguished from the old, in part, by greater employee mobility and job flexibility. This article extends that discussion by exploring the implications of the new workplace for the design of dispute resolution systems. In particular, it argues that the structure and values of the new workplace correspond to the essential values of democratic governance, and that dispute resolution should be integrated into the new workplace in a way that enhances rather than diminishes these core democratic values. As I have articulated in …


Does An Employee's Binding Arbitration Agreement Limit The Enforcement Of Powers Of The Eeoc: The Supreme Court Rules That It Does Not - Equal Employment Opportunity Comm. V. Waffle House, Adam W. Graves Jul 2002

Does An Employee's Binding Arbitration Agreement Limit The Enforcement Of Powers Of The Eeoc: The Supreme Court Rules That It Does Not - Equal Employment Opportunity Comm. V. Waffle House, Adam W. Graves

Journal of Dispute Resolution

The friction between the FAA and Title VII arises when an injured employee has signed an arbitration agreement with an employer and subsequently experiences discrimination in some fashion in the workplace. The FAA would require that the employee take the action to arbitration, whereas if the EEOC found probable cause, it could file in its own name and avoid the arbitration agreement. So, should the EEOC be allowed to recover on the behalf of an employee who has signed an arbitration agreement? A circuit split on this issue prompted the Supreme Court to grant certiorari in EEOC v. Waffle House."


Mandatory Arbitration Of An Employee's Statutory Rights: Still A Controversial Issue Or Are We Beating The Proverbial Dead Horse - Penn V. Ryan's Family Steakhouse, Inc., Andrea L. Myers Jan 2001

Mandatory Arbitration Of An Employee's Statutory Rights: Still A Controversial Issue Or Are We Beating The Proverbial Dead Horse - Penn V. Ryan's Family Steakhouse, Inc., Andrea L. Myers

Journal of Dispute Resolution

Since the early 1980s, the Supreme Court has espoused a strong preference for arbitration in the employment setting. Despite this general preference, the Supreme Court has never clearly stated that mandatory arbitration of statutory rights is always reasonable. This omission has led to much controversy about whether this preference permits the mandatory arbitration of all statutory rights or only those that are amenable to arbitration as defined by the Supreme Court.


Employees Beware: Signing Arbitration Agreements May Limit Your Remedies In Suits Filed By The Eeoc - Equal Employment Opportunity Commission V. Waffle House, Inc., Sarah Baxter Jul 2000

Employees Beware: Signing Arbitration Agreements May Limit Your Remedies In Suits Filed By The Eeoc - Equal Employment Opportunity Commission V. Waffle House, Inc., Sarah Baxter

Journal of Dispute Resolution

Arbitration is used regularly to settle employment disputes, and federal policy supports these agreements between private parties. Federal statutes, however, also grant the Equal Employment Opportunity Commission the authority to pursue employment discrimination claims in court. These claims do more than vindicate the rights of individuals, they also safeguard the public interest in ending employment discrimination. A conflict may arise between these two policies when employees sign agreements to submit statutory discrimination claims to arbitration. This Note examines the split of authority on the issue of whether the Equal Employment Opportunity Commission should be permitted to seek money damages on …


Use Of Mediation In Employment Discrimination Cases, The, Matt A. Mayer Jul 1999

Use Of Mediation In Employment Discrimination Cases, The, Matt A. Mayer

Journal of Dispute Resolution

This Article will address the issues noted above. Part II discusses the realities for employers and employees created by the increased filing of employment discrimination claims. Part III encapsulates the procedural movement of a claim through the EEOC. Part IV summarizes the mediation process and notes why mediation is one of the methods used to deal with these claims. Part V highlights the pros and cons associated with the mediation of employment discrimination claims. Part VI discusses the inherent tensions between the goals of mediation and the goals of the anti-discrimination laws, as well as the inherent tensions that naturally …


Public Employee Bargaining Rights: An Avenue For Success For The Majority Or A Trap For The Minority - Wrinkle V. International Union Of Operating Engineers, Local 2, Afl-Cio, Greg W. Pearman Jul 1994

Public Employee Bargaining Rights: An Avenue For Success For The Majority Or A Trap For The Minority - Wrinkle V. International Union Of Operating Engineers, Local 2, Afl-Cio, Greg W. Pearman

Journal of Dispute Resolution

The rights of public employees are governed by state statute and the state or federal constitution.2 Wrinkle, a case of first impression in Missouri,3 presents the issue of whether a group of employees, constituting a minority of an existing bargaining unit, have the right to appeal a State Board of Mediation determination which prevented them from forming a separate bargaining unit.