Harvey R. Boller is an assistant professor of business law at Loyola University Chicago. He has participated in court-annexed arbitrations since 1991.
Donald Petersen is a professor of management at Loyola University Chicago, a member of the American Arbitration Association’s roster of neutrals and the Federal Mediation and Conciliation Service since 1970, and a member of the National Academy of Arbitrators since 1984.
The use of mandatory arbitration clauses in employment contracts is as controversial now as it was when Alexander v. Gardner-Denver was decided in 1974. The seminal cases have done little to remove the thorn from the side of arbitration proponents who point to the advantages that alternative methods of dispute resolution, rather than litigation, offer employees. Recent circuit court decisions have done little to resolve the issues, although the authors of this article point out that “certain principles emerge from those cases.” This comprehensive overview provides clarification of the particulars affecting disputes arising out of clauses in collective-bargaining agreements that seemingly supersede statutorily protected employee rights.
This article deals with the effect of a mandatory arbitration clause in a collective-bargaining agreement. More specifically, the article investigates whether the presence of such a clause effectively compels an employee to arbitrate an alleged violation of