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http://ssrn.com/abstract=2020740
 
 

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What the Awards Tell Us About Labor Arbitration of Employment Discrimination Claims


Ariana R. Levinson


University of Louisville - Louis D. Brandeis School of Law

March 12, 2012

University of Michigan Journal of Law Reform, Vol. 46, No. 3, p. 789, 2013
University of Louisville School of Law Legal Studies Research Paper Series No. 2012-05

Abstract:     
This article contributes to the debate over mandatory arbitration of employment discrimination claims in the unionized sector, which, in light of the proposed prohibition on union waivers in the Arbitration Fairness Act, has significant practical implications. Fundamentally, the article is about access to justice. The article examines 160 labor arbitration opinions and awards in employment discrimination cases. The author concludes that labor arbitration is a forum in which employment discrimination claims can be and, in some cases, are, successfully resolved. Based upon close examination of the opinions and awards, the article recommends legislative improvements targeting statutes of limitations, compulsory process, remedies, class actions and, in certain cases, discovery, the standard of review, and a union’s duty of fair representation.

Number of Pages in PDF File: 74

Keywords: labor arbitration, employment discrimination

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Date posted: March 12, 2012 ; Last revised: May 15, 2013

Suggested Citation

Levinson, Ariana R., What the Awards Tell Us About Labor Arbitration of Employment Discrimination Claims (March 12, 2012). University of Michigan Journal of Law Reform, Vol. 46, No. 3, p. 789, 2013; University of Louisville School of Law Legal Studies Research Paper Series No. 2012-05. Available at SSRN: http://ssrn.com/abstract=2020740

Contact Information

Ariana R. Levinson (Contact Author)
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
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