Mahony, Douglas M.; Wheeler, Hoyt N. --- "Adjudication of Workplace Disputes" [2009] ELECD 415; in Dau-Schmidt, G. Kenneth; Harris, D. Seth; Lobel, Orly (eds), "Labor and Employment Law and Economics" (Edward Elgar Publishing, 2009)

Book Title: Labor and Employment Law and Economics

Editor(s): Dau-Schmidt, G. Kenneth; Harris, D. Seth; Lobel, Orly

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207296

Section: Chapter 13

Section Title: Adjudication of Workplace Disputes

Author(s): Mahony, Douglas M.; Wheeler, Hoyt N.

Number of pages: 36

Extract:

13 Adjudication of workplace disputes
Douglas M. Mahony and Hoyt N. Wheeler


Workplace dispute resolution is currently high on the agenda of two of the
three branches of the US Federal government. On 12 December 2007, a US
Senate Committee held hearings on the Arbitration Fairness Act of 2007.
This piece of legislation is an attempt to outlaw mandatory arbitration
of individual employment (and consumer) disputes. It is based upon the
belief that the current practice of employers requiring employees to agree
to submit their claims to arbitration, rather than to a court of law, deprives
them of important rights. On 19 February 2008, the US Supreme Court
ruled that it will consider a case involving the interface between statutory
employment disputes involving individual employees and labor arbitration
provisions of collective agreements. Dealing with these issues requires an
in-depth inquiry into the law and practice of alternative dispute resolution
(ADR) in the employment arena, and a consideration of fundamental
issues of workplace rights and responsibilities.
Human dignity at the workplace requires the right to just treatment by
those holding authority. At the crux of this is protection from arbitrary
action ­ action that is based upon personality rather than merit ­ action
that is not predictable on any reasoned basis. When a human being is
treated as merely a means to an end, a thing to be employed by others,
rather than as a person deserving justice, human rights are violated. This
is especially vital where a person's job is ...