Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On November 11, 2007, an attorney who worked for the National Labor Relations Board, gave a talk in San Francisco, CA on dispute resolution alternatives.

Employers need to follow there complaint processes.  Processes need to be understood by the employees, even teenagers if the employer hires many people under 18. 

Arbitration is not intended to be a way for people to get away with violating the law.  Arbitrators tend to not issue decisions that differ too much from court decisions.  Arbitration is originally used for disputes between merchants.  Historically, arbitration awards were not enforceable in court because they came from English common law, and in England, judges were privately paid.

It is easier to compel arbitration if it is a collective bargaining situation.  If the employer requires the employee to go through arbitration, the courts have said that it is ok as long as the employer pays for the entire proceedings, and there is due process.

Some say that this does not make the arbitration fair for the employee since the employer is paying the arbitrator.  In reality, arbitrators do not care who pays because it is the attorneys who engage the arbitrators.  Arbitrators with a major practice know it is not wise to become known as a particular employer’s arbitrator because they need to make a living and need other clients.