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

Relevant Scholarship

Potential Data Sources BNA CCH AAA Westlaw databases FMCS JAMS Lexis databases

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”

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

Initial Results 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

Qualitative Indicators Procedure 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

Qualitative Indicators Timeliness Filing to decision Days of hearing Final hearing day to award

Qualitative Indicators Results Results Reasons provided Complexity of analysis Applying law correctly Who wins Reinstatement Damages Injunctions Attorneys fees Amount of awards

Qualitative Indicators Union Conflict Employees negatively affected Level of representation

Qualitative Indicators Other 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