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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.

Author: Van Duch, Darryl
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
Cases, Laws, regulations and rules, Employment discrimination, Labor arbitration

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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.

Author: Van Duch, Darryl
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
Standards, Elections, Labor unions, United States. National Labor Relations Board

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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.

Author: Van Duch, Darryl
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
Management, United States. Equal Employment Opportunity Commission

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Subjects list: United States, Interpretation and construction, Labor law
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