Compulsory Arbitration: The Grand Experiment in Employment (ILR Press books) [Hardcover]

Richard A. Bales (Author)

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Book Description

Series: ILR Press books | Publication Date: December 1997

This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.

#outer_postBodyPS { display: none; } #psGradient { display: none; } #psPlaceHolder { display: none; } #psExpand { display: none; } This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.

Product Details

Hardcover: 248 pages
Publisher: Cornell University Press (December 1997)
Language: English
ISBN-10: 0801434467
ISBN-13: 978-0801434464
Product Dimensions: 9.2 x 6.2 x 0.8 inches
Shipping Weight: 1.1 pounds
Amazon Best Sellers Rank: #4,077,237 in Books (See Top 100 in Books)

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Inside This Book (learn more)

First Sentence:
ARBITRATION OF EMPLOYMENT DISPUTES IN THE nonunion sector was virtually unheard of as recently as five years ago. Read the first page

Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, Civil Rights Act, New York, Pony Express, Securities Act, City Disposal, Federal Arbitration Act, Fourth Circuit, Miller Metal, American Arbitration Association, Equal Employment Opportunity Commission, Johnson Lane Corp, Dean Witter Reynolds, Employment Act, General Telephone, Prima Paint, Third Circuit, African American, Fair Labor Standards Act, Justice Jackson, The Director of Arbitration

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Citations (learn more)

This book cites 28 books:

Smith Barney by Vault Reports on 10 pages
Civil Procedure by EZ Rules on 4 pages
Employment Discrimination: Aspen Roadmap Law Course Outline (Aspen Roadmap Law Course Outlines) by Michael J. Zimmer in Back Matter (1), and Back Matter (2)
Securities Arbitration by David E. Robbins in Back Matter (1), and Back Matter (2)
Securities Arbitration Procedure Manual [2-Vol Set] by David E. Robbins in Back Matter

See all 28 books this book cites

Books on Related Topics (learn more)

Employment Law by Richard R. Carlson

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Resolving Disputes by Professor Jay Folberg

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Dispute Resolution by Professor Carrie J Menkel-Meadow

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2006 State by State Guide to Human Resources Law by John F. Buckley

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