Class Notes for 10-2 - Anna King 10.2.2007 Class Notes...

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Anna King 10.2.2007 Class Notes: 10.2.2007 Arbitration Mini court cases The decision is final…no appeals! You have witnesses, etc Labor arbitration- people tell their stories Faster, cheaper, not a big difference in win/loss rates between this and litigation Gardner-Denver Union context You can only be fired for just cause (work-related) Will resolve disagreements through arbitration because it is union Employer proves that it had just cause to fire Employee says, “ I don’t like that” and goes and files his Title VII claim EEOC finds no cause, but gives him right to sue so he files his lawsuit Employer says you already had your shot, District Court agrees, Court of Appeals agrees…Supreme Court says WRONG! o Union owned the case o Employee’s case in terms of Title VII We want to make the law of the land relevant to the court Contract vs. Statute was important in the case (Rights) You can’t have required arbitration of a discrimination claim
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