Assault on mandatory arbitration: EEOC and NASD oppose some employee agreements
Article Abstract:
Federal courts and agencies are becoming more involved in policing mandatory arbitration agreements required of prospective employees by many employers. The EEOC announced on Jul 10, 1997 that it believes such mandatory arbitration agreements constitute employment discrimination. The National Association of Security Dealers responded on Aug 7, 1997 by eliminating mandatory arbitration in discrimination disputes involving brokerage employees. Federal courts have also begun defining the boundaries of mandatory arbitration agreements set down by the US Supreme Court in Gilmer v. Interstate.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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High court reviews union polling; is the NLRB standard rational or overreaching?
Article Abstract:
The US Supreme Court should rule in Allentown Mack Sales and Service as to when an employer may decide by private poll of its employees if a declining certified union should still be recognized. The case may decide not just this issue but who should make union election rules generally. The NRLB standards prohibit employees from conducting such polls without a reasonable belief in the union's declining power. The Court, in addition to polling, focused on when withdrawal of certification was appropriate.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Paralysis for EEOC feared; too few commissioners, too many cases now; lack of quorum looms
Article Abstract:
The Equal Employment Opportunity Commission (EEOC) will have just one commissioner if the GOP-dominated Congress fails to approve those whose temporary status expires in early fall 1998 before congressional adjournment in early Oct. The commission's large case backlog which seems to be due to political indifference. Paul M Igasaki has been serving as acting EEOC chairman and is the first Asian American to occupy the chairmanship.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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- Abstracts: May a mandatory arbitration provision in an employment agreement encompass discrimination claims? Courts are split
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