The Arbitral Imperative in Labor and Employment Law
22 Pages Posted: 7 Jun 2019
Date Written: Jan 1, 1998
Sadly, the arbitral enterprise in the American workplace may ultimately be the only surviving legacy of Taft-Hartley and, indeed, of the entire National Labor Relations Act (NLRA). It appears, based on the Supreme Court’s 1991 decision in Gilmer v. Interstate/Johnson Law Corp., recent federal circuit court decisions interpreting Gilmer, and, most importantly, the proactive involvement of labor arbitrators and labor lawyers, that arbitration of workplace disputes will have an ever-growing impact on the American worker and in the American workplace. This article examines arbitration in the American workplace and tries to shed some light on underlying rationales that explain what will be referred to as the arbitral imperative in labor and employment law.
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