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
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)
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