Private Justice in the Shadow of Public Courts: The Autonomy of Workplace Arbitration Systems 舩 C... more Private Justice in the Shadow of Public Courts: The Autonomy of Workplace Arbitration Systems 舩 C № \EL H. LEROY* & PETER FEUILLE** TABLE OF CONTENTS I .RE 朋'"。。D ""B 皿 21 21 25 Ⅱ・丁Ⅰ氾StmI旺MECouRTPRoMoTEsWo瓦KPLAcEARB町RA刀oN ...
The Federal Arbitration Act (FAA) created a national policy that promotes arbitration. Congress p... more The Federal Arbitration Act (FAA) created a national policy that promotes arbitration. Congress passed this law to end judicial hostility to arbitration. So far, no one has questioned this premise. My Article shows, however, that nineteenth century courts enforced arbitrator ...
OHIO STATE JOURNAL ON DISPUTE RESOLUTION [Vol. 18:2 2003] Nevertheless, judicial support for arbi... more OHIO STATE JOURNAL ON DISPUTE RESOLUTION [Vol. 18:2 2003] Nevertheless, judicial support for arbitration has been tempered during the last two centuries by due process limitations. This finding addresses a major concern for arbitration critics who perceive ...
I. INTRODUCTION A. CONTEXT FOR THIS EMPIRICAL RESEARCH Two parties in a long-term relationship be... more I. INTRODUCTION A. CONTEXT FOR THIS EMPIRICAL RESEARCH Two parties in a long-term relationship become embroiled in a dispute. A third person is drawn into their private circle and unwittingly complicates the relationship. Before long, their escalating quarrel is taken before a judge for resolution. TV fans of As the World Turns are familiar with this triangular intrigue. This summary also describes the subject of our empirical research in As the Enterprise Wheel Turns. Two parties in a long-term relationship--here, a union and employer--are entangled in a contract dispute. A third person--an arbitrator--enters into the controversy. Next, the arbitrator's decision disturbs the underlying relationship. One of the parties cannot accept the ruling and appeals to a federal judge. The Supreme Court has indulgently regulated this triangular affair since its 1957 landmark decision in Textile Workers Union v. Lincoln Mills (1)--about the time that the popular TV soap opera first aired. (...
Since 1963, farm labor contractors who employ migrant farm workers have been regulated by federal... more Since 1963, farm labor contractors who employ migrant farm workers have been regulated by federal law. The Migrant and Seasonal Worker Protection Act of 1983 (MSPA) stiffened enforcement of the law by broadening the definition of joint employer to include, in many instances, the agricultural producer or packer who engages a migrant worker contractor. Nevertheless, Congress clearly rejected a per se rule that would treat producers as joint employers because, in some employment settings, producers exercise too little control over the pay or conditions of employment for migrant workers. On March 12, 1997, the U.S. Department of Labor issued a Final Rule that effectively treats all producers as joint employers with farm labor contractors. Professor LeRoy challenges the Rule by presenting evidence that federal courts have decided joint employment issues in accordance with congressional intent under the MSPA. Professor LeRoy also presents evidence of declining employment opportunities for...
In this empirical analysis, the authors examine 1,636federal district and circuit court decisions... more In this empirical analysis, the authors examine 1,636federal district and circuit court decisions concerning appeals from the arbitration process since the Supreme Court decided the Steelworkers Trilogy. They find that over the thirty-year period encompassed by the survey, courts have ordered arbitration and enforced awards seventy to seventy-four percent of the time. Contrary to the claims of many commentators, the authors also determine that courts have been increasingly unlikely to overturn awards on public policy grounds since the 1987 Supreme Court decision in Misco. The authors compare Reagan/Bush-era judicial decisions with prior rulings to determine if their conservative judicial appointments and antiunion stance influenced judicial deference to arbitrators' awards. They conclude that since 1982 the circuit courts are less likely to uphold arbitration decisions. Finally, the authors note the disparity between the circuits in support of the arbitral process.
In this study of the acceptance by union members of drug testing in the workplace, 919 union memb... more In this study of the acceptance by union members of drug testing in the workplace, 919 union members from 13 major unions were asked what drug-testing policy, if any, they preferred. Respondents evaluated particular aspects of a hypothetical drug-testing program. The results show that ...
I. Introduction More and more employers have operated through economic strikes (Lawler, 1990) by ... more I. Introduction More and more employers have operated through economic strikes (Lawler, 1990) by hiring permanent replacement workers (Finkin, 1990), and by inducing strikers to abandon the strike and "cross over" their union's picket line.1 The employer strategy of inducing ...
Private Justice in the Shadow of Public Courts: The Autonomy of Workplace Arbitration Systems 舩 C... more Private Justice in the Shadow of Public Courts: The Autonomy of Workplace Arbitration Systems 舩 C № \EL H. LEROY* & PETER FEUILLE** TABLE OF CONTENTS I .RE 朋'"。。D ""B 皿 21 21 25 Ⅱ・丁Ⅰ氾StmI旺MECouRTPRoMoTEsWo瓦KPLAcEARB町RA刀oN ...
The Federal Arbitration Act (FAA) created a national policy that promotes arbitration. Congress p... more The Federal Arbitration Act (FAA) created a national policy that promotes arbitration. Congress passed this law to end judicial hostility to arbitration. So far, no one has questioned this premise. My Article shows, however, that nineteenth century courts enforced arbitrator ...
OHIO STATE JOURNAL ON DISPUTE RESOLUTION [Vol. 18:2 2003] Nevertheless, judicial support for arbi... more OHIO STATE JOURNAL ON DISPUTE RESOLUTION [Vol. 18:2 2003] Nevertheless, judicial support for arbitration has been tempered during the last two centuries by due process limitations. This finding addresses a major concern for arbitration critics who perceive ...
I. INTRODUCTION A. CONTEXT FOR THIS EMPIRICAL RESEARCH Two parties in a long-term relationship be... more I. INTRODUCTION A. CONTEXT FOR THIS EMPIRICAL RESEARCH Two parties in a long-term relationship become embroiled in a dispute. A third person is drawn into their private circle and unwittingly complicates the relationship. Before long, their escalating quarrel is taken before a judge for resolution. TV fans of As the World Turns are familiar with this triangular intrigue. This summary also describes the subject of our empirical research in As the Enterprise Wheel Turns. Two parties in a long-term relationship--here, a union and employer--are entangled in a contract dispute. A third person--an arbitrator--enters into the controversy. Next, the arbitrator's decision disturbs the underlying relationship. One of the parties cannot accept the ruling and appeals to a federal judge. The Supreme Court has indulgently regulated this triangular affair since its 1957 landmark decision in Textile Workers Union v. Lincoln Mills (1)--about the time that the popular TV soap opera first aired. (...
Since 1963, farm labor contractors who employ migrant farm workers have been regulated by federal... more Since 1963, farm labor contractors who employ migrant farm workers have been regulated by federal law. The Migrant and Seasonal Worker Protection Act of 1983 (MSPA) stiffened enforcement of the law by broadening the definition of joint employer to include, in many instances, the agricultural producer or packer who engages a migrant worker contractor. Nevertheless, Congress clearly rejected a per se rule that would treat producers as joint employers because, in some employment settings, producers exercise too little control over the pay or conditions of employment for migrant workers. On March 12, 1997, the U.S. Department of Labor issued a Final Rule that effectively treats all producers as joint employers with farm labor contractors. Professor LeRoy challenges the Rule by presenting evidence that federal courts have decided joint employment issues in accordance with congressional intent under the MSPA. Professor LeRoy also presents evidence of declining employment opportunities for...
In this empirical analysis, the authors examine 1,636federal district and circuit court decisions... more In this empirical analysis, the authors examine 1,636federal district and circuit court decisions concerning appeals from the arbitration process since the Supreme Court decided the Steelworkers Trilogy. They find that over the thirty-year period encompassed by the survey, courts have ordered arbitration and enforced awards seventy to seventy-four percent of the time. Contrary to the claims of many commentators, the authors also determine that courts have been increasingly unlikely to overturn awards on public policy grounds since the 1987 Supreme Court decision in Misco. The authors compare Reagan/Bush-era judicial decisions with prior rulings to determine if their conservative judicial appointments and antiunion stance influenced judicial deference to arbitrators' awards. They conclude that since 1982 the circuit courts are less likely to uphold arbitration decisions. Finally, the authors note the disparity between the circuits in support of the arbitral process.
In this study of the acceptance by union members of drug testing in the workplace, 919 union memb... more In this study of the acceptance by union members of drug testing in the workplace, 919 union members from 13 major unions were asked what drug-testing policy, if any, they preferred. Respondents evaluated particular aspects of a hypothetical drug-testing program. The results show that ...
I. Introduction More and more employers have operated through economic strikes (Lawler, 1990) by ... more I. Introduction More and more employers have operated through economic strikes (Lawler, 1990) by hiring permanent replacement workers (Finkin, 1990), and by inducing strikers to abandon the strike and "cross over" their union's picket line.1 The employer strategy of inducing ...
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