Download or read book The Case Against Compulsory Arbitration written by R. Emerson Swart and published by . This book was released on with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Compulsory Arbitration Opposed written by Chamber of Commerce of the United States of America. Department of Manufacture and published by . This book was released on 1947 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Compulsory Arbitration of Labor Disputes written by University of Oklahoma. Extension Division and published by . This book was released on 1917 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Case for Compulsory Arbitration written by Rosanne Flynn and published by . This book was released on 1939 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Case for Compulsory Arbitration written by Terrence H. McCormick and published by . This book was released on 1971 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Compulsory Arbitration of Labor Disputes written by University of Oklahoma Extension Divisi and published by Palala Press. This book was released on 2016-05-23 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Download or read book The Case Against Compulsory Binding Arbitration written by New Hampshire Municipal Association and published by . This book was released on 1977 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Compulsory Arbitration of Labor Disputes written by University of Oklahoma. University Extension Division and published by . This book was released on 1917 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Mandatory Arbitration and Fairness written by David S. Schwartz and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, it was understood that mandatory arbitration was a "do-it-yourself tort reform": corporate defendants could reduce their liability in consumer and employment disputes through an adhesion contract clause requiring pre-dispute arbitration. But now that there is a significant possibility that Congress will amend the Federal Arbitration Act to make pre-dispute arbitration clauses unenforceable, critics have been stymied by the re-emergence of an argument that mandatory arbitration is a "fairer" than litigation. Mandatory arbitration supporters argue that (1) critics have failed to make an empirical case against mandatory arbitration, because existing studies seem to show that plaintiffs do at least as well in arbitration as in court; and (2) mandatory arbitration is a more egalitarian forum than litigation because it is more accessible to smaller claims and claimants. This argument for mandatory arbitration "fairness" has effectively tabled the discussion of whether tort reform through mandatory arbitration is justified, and whether an adhesion contract, rather than legislation, should be the vehicle for creating a "fair" dispute resolution system. This article argues there is no "fairness" justification for imposing a dispute resolution system through adhesion contracts. The economic incentives of the mandatory arbitration system only work by reducing the prospects of plaintiffs with high-cost/high-stakes cases. And while shifting the empirical "burden of proof" onto critics is clever rhetorical strategy, in fact it is the egalitarian argument for mandatory arbitration that is empirically unfounded as well as illogical.

Download or read book Consumer Arbitration Agreements written by F. Paul Bland and published by . This book was released on 2001 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the First Edition.

Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

Download or read book A Case Study of Compulsory Arbitration written by and published by . This book was released on 196? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Labor and Mandatory Arbitration Agreements written by Jon O. Shimabukuro and published by . This book was released on 2001 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Labor Employment Arbitration written by Floyd D. Weatherspoon and published by . This book was released on 2016-07-01 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook presents material which both students and practitioners will find useful in analyzing, writing, and interpreting arbitration awards and cases. Unlike the traditional casebook, there are less theoretical concepts and historical developments. Instead, the book includes a broad collection of arbitration court cases and arbitration awards to analyze, followed by discussion questions, case problems, and summaries. Court cases and arbitration awards were selected which set forth clear and practical substantive and procedural arbitration principles. In addition, leading Supreme Court cases, which outline and identify federal common law rules and policies on arbitration, are included to illustrate the judicial process for establishing precedent and federal common arbitration laws. Similarly, a selected number of secondary readings, which should enhance the reader's understanding and application of specific arbitration concepts, are inserted to give the reader an immediate opportunity to synthesize a wealth of arbitration concepts and principles. The book is divided between labor and employment arbitration with a major emphasis on labor arbitration. The labor arbitration section provides a wide range of reoccurring labor issues such as, management rights, seniority, subcontracting, benefits, wages and hours, off duty conduct, and safety policies. Because disciplinary actions remain the dominant issue arbitrated, a significant amount of material is included on the "just cause" principles. Through arbitration awards, each element of the "just cause" principle is explained and analyzed. Aside from disciplinary issues, the book also covers issue grievances, which primarily involve contract interpretation. The last section of the book discusses the development of employment arbitration. This area of arbitration has rapidly expanded in the private sector. The catalyst for this expansion was caused in part by The Supreme Court's liberal interpretation of the Federal Arbitration Act and most recently, the validation of mandatory arbitration provisions in employment contracts. This section of the book includes the leading Supreme Court decisions on compulsory arbitration and the application of these cases on discrimination claims, employment statutes, and contract disputes. Floyd D. Weatherspoon is a Professor at Capital University Law School (Columbus, Ohio), where he has taught labor and employment related courses, including arbitration for more than twenty-five years. Professor Weatherspoon also serves as a neutral in complex commercial, labor, and employment disputes. He is nationally recognized as a highly experienced labor and employment arbitrator. He serves on a number of state and national arbitration rosters and panels, including the American Arbitration Association's Labor and Employment Panels, the Federal Mediation and Conciliation Service's Roster and the National Mediation Board's Arbitration Panel. In addition to serving as a labor and employment arbitrator, he has also served as a fact-finder in a number of labor contract disputes. Professor Weatherspoon is a member of the National Academy of Arbitrators, and serves on the Council of the American Arbitration Association.

Download or read book Selected Articles on the Compulsory Arbitration and Compulsory Investigation of Industrial Disputes Classic Reprint written by Lamar T. Beman and published by . This book was released on 2015-07-15 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Selected Articles on the Compulsory Arbitration and Compulsory Investigation of Industrial Disputes Resolved, That Capital and Labor should be compelled to settle their disputes in legally established courts of arbitration. Affirmative Introduction. A. The question presupposes the existence of labor disputes B. The Affirmative merely proposes that these disputes be settled by peaceful adjudication in courts of law, as all other disputes are now settled. C. We must not lose sight of the fact that in addition to the two antagonists in every labor dispute there is always a great third party, the general public, innocent of any blame but injured by every strike. D. The Affirmative does not claim that compulsory industrial arbitration will put an absolute end to all phases of industrial warfare, but we do claim that it will reduce labor disturbances to a minimum, as it has done in New Zealand and in Kansas. I. The existing conditions in our industrial system demand a remedy. A. There are great evils connected with industrial warfare. I. Mobs, riots and other disturbances of the peace. (McClures 23:43. Report of the Industrial Commission 19:877). (a) The Pullman Car strike 1894. (b) The Boston Police strike 1919 (Current History 11:54). (c) The Anthracite Coal strike 1902. (d) Various street car strikes. (e) Homestead strike 1892. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.