The Arbitral Imperative in Labor and Employment Law

22 Pages Posted: 7 Jun 2019

See all articles by Roberto L. Corrada

Roberto L. Corrada

University of Denver - Sturm College of Law

Date Written: Jan 1, 1998

Abstract

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.

Suggested Citation

Corrada, Roberto L., The Arbitral Imperative in Labor and Employment Law (Jan 1, 1998). Catholic University Law Review, Vol. 47, No. 919, 1998, U Denver Legal Studies Research Paper , Available at SSRN: https://ssrn.com/abstract=3399711

Roberto L. Corrada (Contact Author)

University of Denver - Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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