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.
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