To explore the ramifications of this hybrid, labor-employment discrimination award, I ask what standards would a court apply to review an arbitrator\u27s ruling. The Steelworker\u27s Trilogy-three Supreme Court decisions that explain to courts how to review awards under section 301 of the Labor-Management Relations Act-pronounce deferential standards. But until now, individual employment awards have typically been reviewed under section 10 of the Federal Arbitration Act (FAA) or state law equivalents. My research on labor awards and individual employment awards show that courts do not behave the same under these different regimes. They enforce about seventy-two percent of labor awards, but as much as ninety-two percent of employment discrim...
June 20, 1960 was an important day in the history of labor and the law. On that day the Supreme Cour...
A growing body of empirical research explores the use of arbitration to resolve employment disputes,...
This Article contributes to the debate over mandatory arbitration of employment-discrimination claim...
To explore the ramifications of this hybrid, labor-employment discrimination award, I ask what stand...
Recent Supreme Court decisions have re-examined the traditional judicial deference paid to the resol...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
During the Second World War labor arbitration came to prominence in the United States as an importa...
In United Steelworkers v. United States Gypsum Co. the Court of Appeals for the Fifth Circuit review...
Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the la...
In CITGO Asphalt Ref. Co. v. Paper, Allied-Indus., Chem., & Energy Workers Int\u27l Union Local No. ...
A review of the case law demonstrates that most of the labor arbitration awards challenged on public...
For over forty years, the United States Supreme Court has recognized the principle that great defere...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Published in cooperation with the American Bar Association Section of Dispute Resolutio
The United States Supreme Court has prescribed the deference owed to an arbitrator\u27s interpretati...
June 20, 1960 was an important day in the history of labor and the law. On that day the Supreme Cour...
A growing body of empirical research explores the use of arbitration to resolve employment disputes,...
This Article contributes to the debate over mandatory arbitration of employment-discrimination claim...
To explore the ramifications of this hybrid, labor-employment discrimination award, I ask what stand...
Recent Supreme Court decisions have re-examined the traditional judicial deference paid to the resol...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
During the Second World War labor arbitration came to prominence in the United States as an importa...
In United Steelworkers v. United States Gypsum Co. the Court of Appeals for the Fifth Circuit review...
Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the la...
In CITGO Asphalt Ref. Co. v. Paper, Allied-Indus., Chem., & Energy Workers Int\u27l Union Local No. ...
A review of the case law demonstrates that most of the labor arbitration awards challenged on public...
For over forty years, the United States Supreme Court has recognized the principle that great defere...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Published in cooperation with the American Bar Association Section of Dispute Resolutio
The United States Supreme Court has prescribed the deference owed to an arbitrator\u27s interpretati...
June 20, 1960 was an important day in the history of labor and the law. On that day the Supreme Cour...
A growing body of empirical research explores the use of arbitration to resolve employment disputes,...
This Article contributes to the debate over mandatory arbitration of employment-discrimination claim...