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Initiating a Project to Discern What Arbitration Cases Tell Us about Union Waivers of Employees’ Statutory Rights

Initiating a Project to Discern What Arbitration Cases Tell Us about Union Waivers of Employees’ Statutory Rights . Ariana R. Levinson University of Louisville Brandeis School of Law. Hypotheses. 1. Sufficient due process 2. Satisfactory outcomes 3. No union conflict evidenced.

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Initiating a Project to Discern What Arbitration Cases Tell Us about Union Waivers of Employees’ Statutory Rights

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  1. Initiating a Project to Discern What Arbitration Cases Tell Us about Union Waivers of Employees’ Statutory Rights

    Ariana R. Levinson University of Louisville Brandeis School of Law
  2. Hypotheses 1. Sufficient due process 2. Satisfactory outcomes 3. No union conflict evidenced
  3. Relevant Scholarship
  4. Potential Data Sources BNA CCH AAA Westlaw databases FMCS JAMS Lexis databases
  5. Searches Running “Title VII” “race discrimination” “sex discrimination” “ADA” “Americans with Disabilities Act” “disability discrimination” “accommodation” “ADEA” “Age Discrimination in Employment Act” “ECPA” “Electronic Communications Privacy Act”
  6. Potential Searches “pregnancy discrimination” “sexual harassment” “OSHA” “FLSA” “state law” “statutory claim”
  7. Title VII = 401 Of 35 1=Statutory 17=Integrated ADA = 235 Of 89 16=Statutory 29=Integrated ADEA = Of 35 5=Statutory 5=Integrated ECPA = 1 Of 1 1=Statutory Initial Results
  8. Qualitative IndicatorsProcedure Who initiated Pro se Prior steps/ADR Procedures followed Discovery Compulsory process Testimony under oath Cross-examination Rules used Evidence Procedural bars Statute of limitations Evidence admitted
  9. Qualitative IndicatorsTimeliness Filing to decision Days of hearing Final hearing day to award
  10. Qualitative IndicatorsResults Results Reasons provided Complexity of analysis Applying law correctly Who wins Reinstatement Damages Injunctions Attorneys fees Amount of awards
  11. Qualitative IndicatorsUnion Conflict Employees negatively affected Level of representation
  12. Qualitative IndicatorsOther Information Consistency of interpretation Transparency Names redacted Confidentiality agreement Published Repeat players Parties Lawyers Arbitrators Provider/selection process Salary or wage level Class actions Where located
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