Originally from Dispute Resolution Journal

The Supreme Court has recently reaffirmed its earlier rationale in Alexander v. Gardner-Denver Co. (1974) and the broader issue of the balancing of the enforcement of federal statutory rights and national policy favoring arbitration. An analysis of the views of labor law attorneys concerning Gardner-Denver and other related issues is therefore very timely.

Based on a national survey of attorneys who represent labor organizations and management, the authors conclude that the majority of the responding attorneys do not agree with the Supreme Court's decision in Gardner-Denver. The authors further conclude that the respondents in the study would support either a modification of Gardner-Denver or a change in Title VII that would afford a claimant a right to an election of remedies and not "two bites of the apple."