Note, Preserving Collective-Action Rights in Employment Arbitration
By John B. O'Keefe , February 8, 2012
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This Note argues that an arbitration contract’s prohibition of employee class actions alone is insufficient to show an unfair labor practice when other avenues for effectuating Section 7 rights remain available. A promising solution is for employers to implement open arbitration. This involves employers adopting arbitration procedures that provide for public disclosure of outcomes and the right to present prior awards as persuasive precedent.
