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.

United States, Analysis, Interpretation and construction, Commercial arbitration agreements, Unfair labor practices

---

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.

Canada, Laws, regulations and rules, Economic policy, Executives

---

Similar abstracts:

• Abstracts: Life after the voluntary restraint agreements: the future of the U.S. steel industry. Treading water in the Caribbean: recent developments in United States textile and apparel trade policy
• Abstracts: International sports law: a replay of characteristics and trends. ADR and environmental coverage disputes: a primer on methods and selection
• Abstracts: Relationships between school labor relations practitioners' personal and social beliefs and their propensity toward using an interest-based negotiations model in the public schools
• Abstracts: The 'reasonable woman' standard: implications for assessing the severity of sexual harassment and the adequacy of employer response
• Abstracts: The 'reasonable woman' standard: implications for assessing the severity of sexual harassment and the adequacy of employer response. part 2

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.