Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law
Congress Could Soon Spell The End Of Employment Arbitration—But It’S Not All Good News For American Workers., Lewis L. Maltby, Theodore J. St. Antoine
Congress Could Soon Spell The End Of Employment Arbitration—But It’S Not All Good News For American Workers., Lewis L. Maltby, Theodore J. St. Antoine
Other Publications
Employment arbitration has become a dirty word on Capitol Hill. Congressman Hank Johnson claims that arbitration allows employers to "stack the deck against the little guy" for the 60 million employees bound by arbitration agreements. The Economic Policy Institute calls it an epidemic that is "undermining decades of progress in labor rights."
Making Employment Arbitration Fair And Accessible, Theodore J. St. Antoine
Making Employment Arbitration Fair And Accessible, Theodore J. St. Antoine
Articles
Mandatory arbitration agreements require employees, as a condition of employment, to agree to arbitrate all employment disputes instead of filing court suits. The Supreme Court has approved such agreements but many labor experts oppose them. The U.S. House of Representatives has passed a bill to prohibit pre-dispute agreements, the common form for mandatory arbitrations. This article argues that the House bill would have the practical effect of virtually eliminating employment arbitration. Instead, proposals are presented for either legislative or judicial steps to ensure that employment arbitration is fair and accessible. Requirements would include: (1) voluntary agreements on the part of …
Employment Arbitration: The Voice Of (Mostly Vicarious) Experience, Theodore J. St. Antoine
Employment Arbitration: The Voice Of (Mostly Vicarious) Experience, Theodore J. St. Antoine
Book Chapters
At the 1999 Annual Meeting of the National Academy of Arbitrators (NAA), Dennis Nolan gave a provocative, influential address on the Academy’s future. He concluded that if the organization was to survive and remain a vibrant force for workplace justice, to the mutual benefit of employers and employees, it must expand beyond its traditional role in labor arbitration based on collective bargaining. According to Nolan, the Academy should also encompass employment arbitration in the nonunion context. Like many good advocates, he may have slightly overstated his case. Although subsequent changes in admission standards now allow the counting of 10 employment …
Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine
Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine
Articles
President Obama's election and the Democrats' takeover of Congress, including what was their theoretically filibuster-proof majority in the Senate, have encouraged organized labor and other traditional Democratic supporters to make a vigorous move for some long-desired legislation. Most attention has focused on the Employee Free Choice Act (EFCA). As initially proposed, the EFCA would enable unions to get bargaining rights through signed authorization cards rather than a secret-ballot election, and would provide for the arbitration of first-contract terms if negotiations fail to produce an agreement after four months. The EFCA would apply to the potentially organizable private-sector working population; at …