Download or read book Employment Arbitration Agreements written by Littler Mendelson and published by . This book was released on 2008-10 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Arbitration Agreements: A Practical Guide is the one source that will immediately enable you to: Be confident that your employment arbitration agreements are valid and enforceable in all states Stay fully apprised of ever-changing laws and

Download or read book Employment Arbitration 2nd Edition written by Thomas E. Carbonneau and published by Juris Publishing, Inc.. This book was released on 2006-06-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Arbitration provides practical commentary and analysis in the area of employment arbitration, for both the novice and the seasoned practitioner. It contains a comprehensive overview of the major developments in this emerging field and it supplies the reader with analysis, perspective, and commentary. The cases selected for presentation and analysis are the most significant decided to date. The case summaries are comprehensive, cogent, and objectively rendered. In addition, they contain critical evaluations which can be of use in developing litigation strategy or advising clients on business practices. The volume also describes and assesses political developments - proposed legislation and lobbying efforts - that address or which could affect this new use of arbitration. Employment Arbitrationemphasizes a number of issues that are particularly controversial in the area: the enforceability of employer-imposed arbitration agreements, the award of attorney’s fees and punitive damages, and the review of arbitral determinations on civil rights claims. Finally, the volume provides the reader with model employment arbitration agreements that are accompanied by extensive commentary and explanations.

Download or read book Compulsory Arbitration written by Richard A. Bales and published by Cornell University Press. This book was released on 2019-06-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.

Download or read book Mandatory Arbitration Agreements in Employment Contracts in the Securities Industry written by United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs and published by . This book was released on 1999 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Labor and Employment Arbitration in a Nutshell written by Dennis R. Nolan and published by West Academic Publishing. This book was released on 2007 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor and employment arbitration law simplified. Authoritative coverage provides a description of the origin, development, and practice of labor arbitration. Text focuses on the fundamentals of the labor arbitration process and explores the major arbitration law issues, their importance, and the conflicting opinions on them.

Download or read book Arbitration of Employment Disputes written by Ross Runkel and published by . This book was released on 2002 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Arbitration of Employment Disputes written by Daniel P. O'Meara and published by Center for Human Resources Wharton School University of Penn. This book was released on 2002 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book AAA Handbook on Employment Arbitration and ADR written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-12-01 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary , been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. This work begins with a general introduction to employment ADR, discussing such topics as where plaintiffs can better vindicate their rights, general employment law strategies, how to assess workplace disputes and conflicts, and options for resolution. Employers are offered valuable advice on how to implement a successful employment arbitration program, with real-life examples to work from. Mediation of employment conflicts and employment arbitration are explored and a comparison of the two is provided, including with respect to statutory employment conflicts. Topics include respectfulness in the workplace, bullying, racial and cultural conflicts, sexual harassment, Disabilities Act disputes, airline disputes, weight discrimination, and discrimination based on marriage and pregnancy. Lastly, this book takes a look at the U.S. Supreme Court decision 14 Penn Plaza LLC v. Pyett, where the Court clarified and reaffirmed the use of mandatory arbitration for resolution of workplace disputes. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Download or read book Employment Dispute Resolution and Worker Rights in the Changing Workplace written by Adrienne E. Eaton and published by Cornell University Press. This book was released on 1999 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.

Download or read book Alternative Dispute Resolution in the Employment Arena written by Samuel Estreicher and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, which reprints the proceedings of the New York University 53rd Annual Conference on Labour, features work that provides data to answer many of the questions that form the basis of many of the policy arguments. The contributors explore solutions to problems in the American workplace.

Download or read book Contract Formation Issues in Employment Arbitration written by Richard A. Bales and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: American courts operate under the strong presumptions that the Federal Arbitration Act makes nearly all claims arbitrable and nearly all arbitration agreements enforceable. However, the FAA Section 2 provides that arbitration agreements shall be valid, irrevocable, and enforceable, save upon such grounds that exist at law or in equity for the revocation of any contract. This apparent reservation of a broad role for state contract law is undercut significantly by two Supreme Court doctrines: the FAA preemption doctrine (which forbids state courts and legislatures from singling out arbitration agreements for inferior treatment) and the separability doctrine (which requires that contract-law challenges directed at the contract as a whole - as opposed to at the arbitration clause specifically - be decided by arbitrators rather than courts). The Court has interpreted both of these doctrines broadly. Though the broad interpretation of these doctrines has been extensively criticized, the effect nonetheless has been to constrict the applicability of state contract law to arbitration agreements. This, in turn, has created considerable tension between those doctrines and the Section 2 reservation of state contract law. This article discusses and evaluates several potential limitations on the preemption and separability doctrines, particularly as applied to employment arbitration agreements, which would preserve a broader role for state contract law. The Supreme Court's FAA preemption and separability doctrines frame the big picture of the scope of state authority regarding arbitral contract formation. After discussing and evaluating these doctrines, this article shifts focus and examines in detail how state courts have applied state contract law to employment arbitration agreements. State contract law, of course, differs considerably from state to state. This article does not examine in detail this state-to-state variation generally (e.g., on different approaches to mutuality), but instead focuses specifically on how this variation affects judicial approaches to employment arbitration agreements. This article examines five issues that often are raised in contract-formation challenges to the enforceability of employment arbitration agreements: notice, consent, the employer's retention of a right unilaterally to modify the agreement, non-reciprocal obligations to arbitrate, and consideration.

Download or read book Arbitration Law in America written by Edward J. Brunet and published by Cambridge University Press. This book was released on 2006-01-09 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration---arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.

Download or read book Mandating Individual Arbitration written by Griffin Toronjo Pivateau and published by . This book was released on 2020 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores a recurring conflict between employers and employees--whether an employment agreement can mandate individual arbitration. This paper explores the tension between the pro-arbitration stance of the Supreme Court and the pro-employee stance of the National Labor Relations Board. The NLRB maintains that individual arbitration agreements violate Section 7 of the National Labor Relations Act, which guarantees the right to engage in concerted activity. The NLRB's position conflicts with the text of the Federal Arbitration Act, which requires courts to enforce arbitration agreements according to their terms.Recently the Seventh and Ninth Circuits became the first appellate circuits to side with the NLRB. The court took a position contrary to that of the Fifth, Second, and Eighth Circuits and created a split. Although most legal scholarship aligns with the NLRB. in this article I argue that legal and policy reasons demand that courts enforce employment arbitration agreements, even where those agreements mandate individual arbitration.

Download or read book Fundamentals of Labor Arbitration written by Jay E. Grenig and published by Juris Publishing, Inc.. This book was released on 2011-07-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly 30 years after its initial publication, the American Arbitration Association’s seminal primer, Labor Arbitration: What You Need to Know, has undergone a complete facelift with the publication of this brand new book. Fundamentals of Labor Arbitration, the first volume in the "AAA/ICDR Dispute Resolution Series," features all new content that is indispensable to advocates, arbitrators, employers, unions, and readers who wish to know more about resolving labor-management ­disputes. Here readers will find a clear introduction to the grievance process and labor arbitration, as well as practical guidance to help users of the process effectively resolve labor-management disputes in the private and public sectors. This book is co-published by the American Arbitration Association and the Cornell University School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution.

Download or read book Arbitration Law in America written by Edward Brunet and published by Cambridge University Press. This book was released on 2006-01-09 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.

Download or read book Labor and Employment Arbitration written by Charles J. Coleman and published by Cornell University Press. This book was released on 1997 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extension of Labor Arbitration: An Annotated Bibliography, this volume intends to provide a larger sense of history, of institutional development, and of the abiding questions that have been raised in and about labor arbitration. The editors focus on substantial professional and academic studies of labor arbitration in the United States and Canada, drawing material from books, monographs, analytical articles in professional and academic journals, and selections from the proceedings of the meetings of academic and professional societies. In response to the changing demands made upon arbitrators, the editors have extended their coverage to include alternative dispute resolution and the Americans with Disabilities Act. A large section of the book deals with employment arbitration and matters such as wrongful discharge. Coverage of arbitration outside North America is also expanded in the current volume, which is based upon computer searches of the most widely used data bases and on cover-to-cover searches of the twenty leading journals in the field.

Download or read book Mandatory Binding Arbitration Agreements written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: