Mandatory arbitration agreements as an unfair labor practice: Gilmer v. Interstate Johnson Lane Corp. and the resurgence of the yellow dog contract
Article Abstract:
Section 8(a)(1) of the National Labor Relations Act states that coercing an employee to give up rights is an unfair labor practice, making the US Supreme Court decision in Gilmer v. Interstate Johnson Lane Corp. to enforce a mandatory arbitration clause incorrect. Making mandatory arbitration contracts a condition of employment is similar to the yellow dog contracts of the late 18th and early 19th century that made employees to give up the right to unionize. Those became illegal in 1932 but now employers are using the same freedom of contract tactics on mandatory arbitration.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1996
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The managerial employee concept in Canadian and American labor law: a comparative analysis
Article Abstract:
Canadian and American labor law is univocal in treating managerial employees as excluded from collective bargaining processes. Though both countries reached the decision that managerial employees may not unionize, the decision was reached in the US over time through piecemeal decisions by the National Labor Relations Board. In Canada, the managerial employee exclusion rule was reached legislatively, however it has taken slightly different forms in each province.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1993
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