74 Pages Posted: 12 Mar 2012 Last revised: 15 May 2013
Date Written: March 12, 2012
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.
Keywords: labor arbitration, employment discrimination
Suggested Citation: 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: https://ssrn.com/abstract=2020740