Yesterday, former Democratic senator and presidential candidate George McGovern spoke out against the Employee Free Choice Act of 2009 (S. 560, status, previously blogged here): Last year, I wrote on these pages that I was opposed to this bill because it would eliminate secret ballots in union organizing elections. However, the bill has an additional feature that isn’t often mentioned but that is just as troublesome — compulsory arbitration. Currently, labor law maintains a careful balance between the rights of businesses, unions and individual employees. While bargaining power differs depending on individual circumstances, the rights of the parties are well balanced. When a union and a business enter negotiations, current law requires that both sides bargain “in good faith.” In a contract negotiation, each party typically perceives the other as too demanding. But no one loses their right to contract willingly or suffers being forced to agree to anything. Employees can strike if they feel that they have been dealt with unfairly, but it is a costly option. Employers are free to reject labor demands they find to be too difficult to accept, but running a business without experienced employees is itself difficult. Both sides have an incentive to press their demands, but they also have compelling reasons not to press their demands too far. EFCA would disrupt that balance by enabling government-appointed lawyers to decide what they believe is fair or reasonable. The WSJ article is here: “The ‘Free Choice’ Act Is Anything But.” Technorati Tags: arbitration, ADR, law, Employee Free Choice Act of 2009

Last week, the U.S. Senate introduced its own version of the “Arbitration Fairness Act of 2009” (H.R. 1020, status). The new bill ( S. 931, status), also titled “Arbitration Fairness Act of 2009,” is similar, but not identical to H.R. 1020. The Senate bill is discussed in detail by Philip J. Loree Jr. in The Senate Weighs in With Its Own Arbitration Fairness Act. Previous Coverage: Myths of Consumer Protection Law (May 4) Arbitration Fairness Act of 2009: Analysis (April 29) GUEST-POST |Rectifying a Critical Flaw in the Arbitration Fairness Act of 2009 (April 27) Arbitration Fairness Day: Follow Up (April 24) April 29: Arbitration Fairness Day (April 23) Technorati tags: arbitration, ADR, law, Arbitration Fairness Act of 2009, Arbitration Fairness Day

Via the ADR Prof Blog, we learned that the American College of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System released a report on March 11, 2009. The report recommends, among other things, that courts raise the possibility of pre-trial mediation and other alternative resolution processes. The full report is here . Technorati Tags: arbitration, ADR, law,

We invite you to read our recent guest-post at the Loree Reinsurance and Arbitration Law Forum. Introduction by Philip J. Loree Jr: Guest Blogger Victoria VanBuren Discusses the Role of Federal Arbitration Act Section 10(a)(4) After Citigroup Global Markets, Inc. v. Bacon Guest-Post: Hall Street Meets S. Maestri Place: What Standards of Review Will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup? Technorati Tags: arbitration, ADR, law, FAA, manifest disregard of the law, Citigroup Global Markets, Hall Street, Supreme Court