Trilogy Redux: Using Arbitration to Rebuild the Labor Movement

This Article analyzes the possibility of creating a program to provide representation to workers bound to arbitrate their legal disputes with their employers, while at the same time building a movement to challenge the practice of compulsory arbitration and its impact on workers\u27 rights. First, I briefly review the Supreme Court\u27s recent arbitration jurisprudence and its impact on workers, with a particular focus on the limitations on class actions. Then I move to a discussion of the advantages and challenges to the creation of such a program. Finally, I examine some alternative visions of what such a program might look like, highlighting the risks and benefits of different structures. While there is no doubt that there are challenges in implementing the proposal, there are also opportunities to build a movement of workers fighting for workplace justice across workplace boundaries. It is those opportunities that offer new hope to the labor movement