Agreements to arbitrate statutory fair employment practices claims: unforeseen consequences for the at-will employer

Article Abstract:

Employers who agree to arbitrate fair employment practice claims may destroy the freedoms given them by the employment-at-will doctrine. This will happen due to the doctrine's interaction with the statute regarding substantive arbitrability in commercial cases; the routine usage in arbitration of the allocation of proof paradigm and the disparate treatment order; and the protection from discrimination given white men by Section 1981 of the Civil Rights Act of 1866 and Title VII of the Civil Rights Act of 1964. At-will employers may end up having to arbitrate all discharges of both protected- and non-protected group members.

Employment discrimination, Labor disputes

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Use of incognito testimony of a non-employee witness in a discharge for conduct arbitration

Article Abstract:

A labor arbitrator upheld the discharge of an employee for alleged criminal conduct even though the only witness against him testified incognito. The arbitrator permitted the witness to testify behind a screen and to limit cross-examination to questions that did not disclose his identity. This procedure was a grave violation of the defendant's due process right to confront and cross-examine his accuser and to be discharged for just cause alone.

United States, Laws, regulations and rules, Witnesses, Labor arbitration, Confrontation (Criminal law), Confrontation (Law)

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The U.S. Supreme Court rules on duty to arbitrate post-contract grievances

Article Abstract:

The Supreme Court's reversal of the Ninth Circuit's decision in NLRB v. Litton Financial Printing Division clarifies the arbitration of post-contract grievances. The Court ruled that the although the Litton contract had a broad arbitration clause, the layoff dispute was not arbitrable because it did not stem from the contract. Under this ruling post-contract grievances can only be arbitrated if such arbitration is provided for in the contract.

Interpretation and construction, Cases, Contracts, Grievance arbitration

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