Wednesday, October 27, 2010

Bales et al. on Capping Arbitration Costs and the Use of Neutrality and Card Check Agreements

Bales Our own Rick Bales has been busy again, this time posting on SSRN two new co-authored articles.  The first is by Rick and Michelle Eviston, titled "Capping the Costs of Consumer and Employment Arbitration,"and will appear in the Toledo Law Review.  The abstract:

Arbitration agreements requiring arbitration but imposing costs of thousands of dollars can effectively make it impossible for consumers and employees to bring their disputes in any forum. The Supreme Court has stated that high costs can make an arbitration agreement unenforceable, but has not articulated clear standards. Lower courts are split two ways on the issue: some courts have adopted a per se approach and others a case-by-case approach. This article argues that the Federal Arbitration Act should be amended to take a third approach: arbitration fees paid by consumers or employees should be limited to what consumers or employees would pay if they litigated their claim.

The second, by Rick and James Moore, is titled  "Elections, Neutrality Agreements, and Card Checks:  The Failure of the Political Model of Industrial Democracy," and will appear in the Indiana Law Journal.  The abstract: 

The secret-ballot election is the National Labor Relations Board’s preferred method for employees to determine whether they wish to be represented by a union. Employer domination of the election process, however, has led many unions to opt out of elections and instead to demand recognition based on authorization cards signed by a majority of employees. The primary objection to this “card check” process is that it is less democratic than the secret-ballot election. This article places the issue in the context of the theoretical basis for claims of industrial democracy and argues that card checks are more consistent with the basic premises of industrial democracy than are extant Board elections.


Nice job to all in involved!

-JH

https://lawprofessors.typepad.com/laborprof_blog/2010/10/bales-et-al-on-capping-arbitration-costs-and-the-use-of-neutrality-and-card-check-agreements.html

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