Arbitration Agreements Enforceable
Question: Under a union contract, the employer and the union submitted their dispute (regarding the dismissal of all janitorial staff) to an agreed arbitrator. The arbitrator against the enterprise found on the basis of a clear contract language in the trade union agreement. Now the company has said it will file the case in federal court. The Epic case examines whether employees who have signed arbitration clauses can be collectively discharged under the vanguard of the FAA or NRL savings clause. In the majority opinion, the court clarified that it was not free to replace its policy with that of Congress, “Congress has ordered federal courts to impose arbitration agreements on their terms… ». “Not only has Congress asked the courts to respect and enforce agreements to mediate.” it also expressly ordered it to respect and apply the parties` arbitration procedures. In his concurring opinion, Thomas J.A. represents the federal arbitration law and points out that arbitration agreements are valid and applicable, except under [certain contractual defences]. I believe these statements are the other wise, narrow decision of the court in this case (as in my fourth sentence) on one that lies on other types of relief attempts in the courts, whether the arbitration or its outcome is not according to the taste of a person or group. Even if an employer wants to find relief from the courts because the court proceedings do not favour them.
The employer must also comply not only with the agreement, but also with the parties to the agreed arbitration. Is it possible for my employer to realize that the law does not apply to them, that the right of arbitration applies only to one worker? If this happens in court, it is the courts that decide whether the statutes and support jurisprudence should be arbitrated for both parties to a contract or only for employees. Luce`s verdict, forward does not necessarily mean that all arbitration agreements are applied in employment contracts. The compromise clause contained in an employment contract must continue to meet the general requirements of contract law that apply under national law. Arizona arbitration agreements are generally considered enforceable and irrevocable contracts, with no legal or fair justification for their inapplicable nature when the following are available: (1) a reciprocity of the undertaking; (2) form requirements such as writing and signing; (3) The consideration of both parties (for example. (b) the employer should also waive the opportunity to assert rights against the worker in court; and (4) the agreement is free of error, fraud, misrepresentation, inconsequenty or coercion. If a compromise clause is invalid because it does not meet the legal requirements of the state, it is not enforced by the courts. You have a difficult decision to make, even if it doesn`t matter if you sign the agreement or not.
If you continue to work after being informed that a forced arbitration agreement regulates your employment, you may be bound to it, even if you refuse to sign it. If you stop – or if you are fired because you refuse to sign the “agreement,” you may have no reason to complain. It depends on the facts of your work, the presentation of the “agreement” and the jurisdiction that controls your situation. If you sign it, you will probably be stuck with arbitration as the only method of redress for all employment-related problems.