Mandatory arbitration of statutory issues under collective bargaining: Austin and its progeny

Article Abstract:

Austin v. Owens-Brockway Glass Container, Inc., an employee dismissal case ruled on by the United States Court of Appeals for the 3d Circuit, had as its main issue whether an employee who had not submitted her claims to arbitration could sue. The district court ruled that suit could not take place, and the 3d Circuit affirmed. Many other cases have ruled on whether labor disputes must be arbitrated before being taken to court when there is a collective bargaining agreement with an arbitration clause and some of the cases are covered here. The more recent rulings outside of the 3d Circuit have rejected the Austin holding.

United States, Analysis, Exhaustion of administrative remedies

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The enforceability of agreements to arbitrate employment disputes

Article Abstract:

The Federal Arbitration Act does not cover arbitration agreements of workers employed in interstate commerce, but the definition of 'interstate commerce' has become so expansive as to be meaningless since the law's enactment in 1925. The exclusion of coverage differs from other arbitration acts and from the long-established national policy favoring the resolution of labor disputes with arbitration. In the Gilmer case and its progeny the Supreme Court would not grant judicial review to plaintiffs who had not tried arbitration, and this process should be used in both union and non-union settings.

Interpretation and construction, Labor contracts

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