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Ariana R. Levinson University of Louisville Brandeis School of Law

Initiating a Project to Discern What Arbitration Cases Tell Us about Union Waivers of Employees’ Statutory Rights. Ariana R. Levinson University of Louisville Brandeis School of Law. Hypotheses. 1. Sufficient due process 2. Satisfactory outcomes 3. No union conflict evidenced.

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Ariana R. Levinson University of Louisville Brandeis School of Law

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  1. Initiating a Project to Discern What Arbitration Cases Tell Us about Union Waivers of Employees’ Statutory Rights Ariana R. Levinson University of Louisville Brandeis School of Law

  2. Hypotheses 1. Sufficient due process 2. Satisfactory outcomes 3. No union conflict evidenced

  3. Relevant Scholarship

  4. Potential Data Sources • BNA • CCH • AAA • Westlaw databases • FMCS • JAMS • Lexis databases

  5. Searches Running • “Title VII” “race discrimination” “sex discrimination” • “ADA” “Americans with Disabilities Act” “disability discrimination” “accommodation” • “ADEA” “Age Discrimination in Employment Act” • “ECPA” “Electronic Communications Privacy Act”

  6. Potential Searches • “pregnancy discrimination” • “sexual harassment” • “OSHA” • “FLSA” • “state law” • “statutory claim”

  7. Title VII = 401 Of 35 1=Statutory 17=Integrated ADA = 235 Of 89 16=Statutory 29=Integrated ADEA = Of 35 5=Statutory 5=Integrated ECPA = 1 Of 1 1=Statutory Initial Results

  8. Qualitative IndicatorsProcedure • Who initiated • Pro se • Prior steps/ADR • Procedures followed • Discovery • Compulsory process • Testimony under oath • Cross-examination • Rules used • Evidence • Procedural bars • Statute of limitations • Evidence admitted

  9. Qualitative IndicatorsTimeliness • Filing to decision • Days of hearing • Final hearing day to award

  10. Qualitative IndicatorsResults • Results • Reasons provided • Complexity of analysis • Applying law correctly • Who wins • Reinstatement • Damages • Injunctions • Attorneys fees • Amount of awards

  11. Qualitative IndicatorsUnion Conflict • Employees negatively affected • Level of representation

  12. Qualitative IndicatorsOther Information • Consistency of interpretation • Transparency • Names redacted • Confidentiality agreement • Published • Repeat players • Parties • Lawyers • Arbitrators • Provider/selection process • Salary or wage level • Class actions • Where located

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