Arbitration Clauses and Section 9(a) and 8(f) of the National Labor Relations Act
For the construction industry, an arbitration clause placed within employment contracts act as a safety valve to avoid litigation. Arbitration would occur in place of traditional litigation, thereby generally saving time and money for both parties. Additionally, arbitration is generally confidential, as opposed to open case proceedings. Laws are tending to lean, though very slightly, in favor of employers. This white paper discusses how the construction industry right now has the court on its side, but recent rulings, such as Epic Systems, was decided by a split court.
Ronald J. Passarelli, Esq.
Koehler & Passarelli, LLC
- One of the founding members of Koehler & Passarelli, LLC
- Represents and counsels employers across the U.S. in employment law matters as well as traditional labor law matters
- More than 25 years of experience in labor and employment law
- Extensive experience in advising both private and public sector employers on numerous employment and human resource issues
- Represented employers in numerous federal and state administrative agencies including the EEOC, the U.S. Department of Labor, the National Labor Relations Board
- J.D. degree, DePaul University College of Law; B.A. degree, Northern Illinois University; Certified Senior Professional in Human Resources; Senior Certified Professional by Society for Human Resource Management
- Can be contacted at [email protected]
John T. Merrell
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Shareholder in Ogletree, Deakins, Nash, Smoak & Stewart, P.C.'s Greenville, South Carolina office
- Provides advice and counsel on labor relations matters to nonunion and unionized employers alike
- Advises clients regarding union organizing and labor relations, including in the construction, manufacturing, transportation, and health care industries
- Handles unfair labor practice hearings before NLRB administrative law judges
- J.D. degree, cum laude, University of South Carolina School of Law; B.S. degree, cum laude, Clemson University
- Can be contacted at 864-240-8233 or [email protected]
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