Employer's Exclusive Control over Selection of Arbitrators Held Invalid

ALSB Journal of Employment and Labor Law, Vol. 10, Issue 1, pp. 43-47, 2004

5 Pages Posted: 4 Mar 2013

See all articles by Adam Epstein

Adam Epstein

Central Michigan University - Department of Finance and Law

Date Written: August 1, 2004

Abstract

Discussion of the 2003 Sixth Circuit Court of Appeals case McMullen v. Meijer, Inc. While alternative forms of dispute resolution such as arbitration and mediation are now commonplace and are effectively utilized to avoid litigation and resolve disputes between employers and employees, the procedure in the arbitration process must be fair. Upon the hire, employers often provide their employees with an employment handbook that specifically discusses procedures involving termination. Often the employee handbook, if one exists, is viewed as a contract and is often a first step in determining the proper method of dispute resolution and procedure. In this case, the selection process was held invalid.

Keywords: Employer, Employee, Arbitration, Federal Arbitration Act, FAA, American Arbitration Association, AAA, Federal Mediation and Conciliation Service (FMCS), Termination Appeal Procedure (TAP)

Suggested Citation

Epstein, Adam, Employer's Exclusive Control over Selection of Arbitrators Held Invalid (August 1, 2004). ALSB Journal of Employment and Labor Law, Vol. 10, Issue 1, pp. 43-47, 2004, Available at SSRN: https://ssrn.com/abstract=2228378

Adam Epstein (Contact Author)

Central Michigan University - Department of Finance and Law ( email )

334 Sloan Hall
Mount Pleasant, MI 48859
United States
989-774-4428 (Phone)
989-774-6456 (Fax)

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