Compulsory Arbitration

Compulsory Arbitration
Author: Richard A. Bales
Publisher: Cornell University Press
Total Pages: 255
Release: 2019-06-07
Genre: Law
ISBN: 1501733303

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.

Mandatory Arbitration Agreements in Employee Contracts in the Securities Industry

Mandatory Arbitration Agreements in Employee Contracts in the Securities Industry
Author: Alfonse DAmato
Publisher:
Total Pages: 127
Release: 1998-08-01
Genre:
ISBN: 9780756715342

Witnesses: Russell Feingold, U.S. Senator; Edward Markey, U.S. Congressman; Isaac Hunt Jr.; Commissioner, U.S. Securities and Exchange Commission; Samuel Estreicher, Prof., NY Univ. School of Law; Cliff Palefsky, Chairman, Securities Industry Arbitration Comm. on behalf of the Nat. Employment Lawyers' Assoc.; Linda Feinberg, Exec. V.P., Dispute Resolution and Chief Hearing Officer, NASD Regulation; Stuart Kaswell, Senior V.P. and General Counsel, Securities Industry Assoc.; Elizabeth Toledo, V.P. Nat. Org. for Women; and Robert Meade, Senior V.P. American Arbitration Assoc. Statements: Judith Appelbaum, Senior Counsel and Dir. of Legal Prog., Nat. Women's Law Center.

Securities Arbitration: Practice and Forms

Securities Arbitration: Practice and Forms
Author: W. Reece Bader
Publisher: Juris Publishing, Inc.
Total Pages: 1162
Release: 2013-12-01
Genre: Law
ISBN: 1929446314

Securities Arbitration: Practice and Forms is the leading start-to-finish guide and reference to the entire arbitration process for all types of participants, including public investors and their counsel, representatives of brokerage firms and other financial institutions (including inside counsel, outside counsel, and compliance directors and their staffs), members of the staffs of sponsoring organizations, and arbitrators themselves. This publication is an efficient tool that can be readily used by all participants at every stage in the arbitration process to deal with the various issues, questions and problems that arise in such proceedings. It has been written as a comprehensive text with special emphasis on practice and procedure. The features include checklists, sample forms and pleadings and other practice aids, as well as, where possible, practical advice from the author, found throughout the text and on the accompanying CD-ROM. Securities Arbitration: Practice and Forms is a required reference and guide for all those involved, or potentially involved, in the Securities Arbitration process All of the accompanying sample pleadings and forms are included on a CD-ROM in PDF

Labor Arbitration Under Fire

Labor Arbitration Under Fire
Author: James L. Stern
Publisher: Cornell University Press
Total Pages: 304
Release: 1997
Genre: Business & Economics
ISBN: 9780801433054

Labor arbitration was once seen as an integral part of bargaining and as a pioneering effort to create shop floor justice. But the decline of unions in status and power has raised profound questions about the future of labor arbitration. While labor unions seek justice for twenty-two million workers covered by collective bargaining, arbitration of employment disputes in the non-unionized sectors of the economy is on the increase, with arbitration procedures promulgated by the employer substituting for more expensive litigation. Moreover, arbitration may find a new role among unrepresented employees as the obligation to justify discharges is more widely adopted. This volume chronicles the development of labor arbitration, analyzes the paths it is now following, and suggests what the future may hold under changing conditions.

What Makes Securities Arbitration Different from Other Consumer and Employment Arbitration?

What Makes Securities Arbitration Different from Other Consumer and Employment Arbitration?
Author: Stephen J. Ware
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

This short piece emphasizes what makes consumer and employment arbitration in the securities industry different from consumer and employment arbitration generally. Securities law imposes non-contractual duties to arbitrate on both broker-dealers and securities employees. I believe these laws are bad policy because they restrict contractual freedom. I conclude that securities arbitration should be contractual, like other arbitration.