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 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 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 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:
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 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 Rethinking Labour Management Relations written by Christopher J. Bruce and published by Routledge. This book was released on 2021-03-05 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.
Download or read book Mandatory Binding Arbitration written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2010 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 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 Selected Articles on the Compulsory Arbitration of Industrial Disputes Classic Reprint written by Lamar Taney Beman and published by Forgotten Books. This book was released on 2017-10-30 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Selected Articles on the Compulsory Arbitration of Industrial Disputes Resolved, That Capital and Labor should be compelled to se'ttle their disputes in legally established courts of arbitration. 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.
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 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 Conflict of Laws in International Arbitration written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
Download or read book The Arbitration Guide written by Raymond L. Britton and published by Prentice Hall. This book was released on 1982 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guide to procedures and practices regarding grievances and dispute settlement via arbitration in the USA - discusses voluntary and compulsory arbitration, the role of shop stewards, administrative law, financial aspects, labour court jurisprudence, etc.; includes labour legislation excerpts and a glossary of legal terms. Bibliography.
Download or read book Overview of Contractual Mandatory Binding Arbitration written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts and published by . This book was released on 2001 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
