Compulsory Arbitration : The Grand Experiment in Employment / Richard A. Bales.

Format:

Book

Author/Creator:

Bales, Richard A., Author.

Language:

English

Physical Description:

1 online resource (248 p.)

Edition:

1st ed.

Place of Publication:

Ithaca, NY : Cornell University Press, [2019]

Language Note:

In English.

Summary:

This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.

Contents:

Frontmatter

Contents

Acknowledgments

One. An Introduction to Employment Arbitration

Two. The Emergence of Compulsory Arbitration

Three. The FAA "Contracts of Employment" Exclusion

Four. Applicability of the FAA to Other Employment Laws

Five. Employment Arbitration and the National Labor Relations Act

Si.x The Role of the EEOC

Seven. Compulsory Employment Arbitration in the Securities Industry

Eight. Compulsory Arbitration as Part of a Broader Employment Dispute Resolution Process: The Brown & Root Example

Nine. Creating a Fair (and Enforceable) Arbitration Agreement

Ten. The Policy Implications of Compulsory Employment Arbitration

Notes

Index

Notes:

Description based on online resource; title from PDF title page (publisher's Web site, viewed 26. Nov 2019)

Description based on publisher supplied metadata and other sources.

ISBN:

9781501733307

1501733303

OCLC:

1129196528