National Institute for Workers' Rights

Advancing workers’ rights through research, thought leadership, and education for policymakers, advocates, and the public.

Forced Arbitration

To support its new position that parties can be compelled to arbitrate nearly all disputes regardless of whether the claims arise on a contractual or statutory basis, the Court advances the “effective vindication doctrine.”

June 17, 2019

By NIWR

Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985) Relevant Facts: An auto dealership sued Mitsubishi Motors under the Sherman Act, a federal anti-trust law. Mitsubishi moved to […]

The Supreme Court divests federal district courts of discretion in ordering certain claims into arbitration, yet concedes that “arbitration cannot provide an adequate substitute for a judicial proceeding in protecting the federal statutory and constitutional rights that Section 1983 [of the Civil Rights Act] is designed to safeguard.”

June 17, 2019

By NIWR

Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213 (1985) Relevant Facts: A retired dentist invested his life savings in the stock market, only to lose the majority of […]

The Court held that the FAA preempts certain state laws and ruled that state courts must order arbitration under the FAA unless an exception applies.

June 17, 2019

By NIWR

Southland Corp. v. Keating, 465 U.S. 1 (1984) Relevant Facts: A group of franchisees came together as a class and sued Southland Corp., a franchisor of 7-Eleven convenience stores, […]

Observing that arbitrators’ lack civil law enforcement authority, the Court holds that statutory claims are not automatically barred from going to court by prior submission to contractual dispute resolution procedures like arbitration.

June 17, 2019

By NIWR

Barrentine v. Arkansas-Best Freight Systems, 450 U.S. 728 (1981) Relevant Facts: A group of unionized truck drivers sued a trucking company for wage theft under the Fair Labor Standards […]

Distinguishing between statutory and contractual rights, the Court finds that employees’ law-based civil rights exist independently of those derived by contract and holds that employees are entitled to judicial review even where claims of race discrimination have been pursued through final arbitration.

June 17, 2019

By NIWR

Alexander v. Gardener-Denver, 415 U.S. 36 (1974) Relevant Facts: An employee covered by a collective bargaining agreement alleged that he was fired because of racial discrimination. After filing a […]

The Court holds that some claims may be non-arbitrable due to their complexity, the need for in-depth fact-finding, or as a matter of public policy.

June 17, 2019

By NIWR

Wilko v. Swan, 346 U.S. 427 (1953) Relevant Facts: Customers of a securities brokerage firm sued under the Securities Act of 1933, a law designed to protect the rights […]