Advisory Labor Arbitration Under New York Law: Does it Have a Place in Employment Law?

Abstract:     
This article is about advisory labor arbitration under New York Law. Advisory arbitration is compared and contrasted to the more common final and binding arbitration. Advisory arbitration is utilized mostly in the public sector in New York, but it is also utilized in the private sector as well as in jurisdictions outside the state of New York. The author argues that advisory arbitration may have a place in the non-union employment setting, particularly in employment-at-will states such as New York.

Keywords: Advisory Arbitration, Non-Binding Arbitration, alternative dispute resolution

JEL Classifications: K31, I29

Accepted Paper Series