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Full-Text Articles in Law
Arbitration And Judicial Review, Theodore J. St. Antoine
Arbitration And Judicial Review, Theodore J. St. Antoine
Other Publications
A quarter century ago, in a presentation at the Academy's annual meeting, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body that has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: "What's the big deal about contract reading, anyway? Isn't it just the same as contract interpretation?" Or, more substantively scathing: "Do you really think, Ted, that all you have to do to interpret a labor agreement is to …
Protecting Franchisees From Abusive Arbitration Clauses, Jean R. Sternlight
Protecting Franchisees From Abusive Arbitration Clauses, Jean R. Sternlight
Scholarly Works
This article sets out a number of legal arguments that franchisees can potentially use to defeat arbitration clauses that seek to accomplish ends that would not be permissible in litigation. Drawing from decisions protecting consumers and employees from unfair arbitration clauses, as well as from opinions in the franchise context, this article analyzes arguments that can be based on the U.S. Constitution, federal statutes, state statutes, and common law. By way of this analysis, it suggests that some courts are misapplying arbitration precedents and preemption arguments to support decisions that allow franchisors to effectively exempt themselves from legislation and even …
Arbitration Agreements Between Employers And Employees: The Sixth Circuit Says The Eeoc Is Not Bound - Eeoc V. Frank's Nursery & (And) Crafts, Inc., Earl D. Kraus
Journal of Dispute Resolution
In Frank's Nursery, however, the EEOC pursued court action against an employer that included monetary relief for the employee even though there was an individual arbitration agreement between the employer and employee.5 Should the arbitration agreement restrict the EEOC from bringing such action? Currently, there is a split in the circuits on this issue. According to the Sixth Circuit in Frank's Nursery, the EEOC is not bound by the arbitration agreement and, therefore, can pursue court action against the employer that includes monetary relief on behalf of the employee.6 The Second Circuit, however, has not allowed the EEOC to pursue …