Arbitration of Statutory Disputes in the Airline Industry: Options and Alternative

In this article (Paragraph No. 30,061), under a recent U.S. Supreme Court decision, transportation workers remain barred from arbitrating statutory employment disputes under the Federal Arbitration Act. However, arbitration of such disputes may be achieved in the airline industry under certain circumstances. Enacted over 80 years ago, the Federal Arbitration Act excluded transportation workers from coverage because the industry was heavily unionized and Congress concluded that arbitration of employee disputes should take place under collective bargaining agreements pursuant to labor law. Today, however, union representation has declined and employees’ individual rights under employment laws have extended far beyond collective bargaining rights. The article discusses the development of legal processes to allow the arbitration of statutory disputes, as well as the ways that arbitration of these disputes can be achieved in the airline industry through the use of arbitration agreements and arbitration clauses in collective bargaining agreements. Other possible approaches, including the state law arbitration procedures and options created by federal Executive Orders establishing action programs, are also explored.

  • Corporate Authors:

    International Aviation Law Institute

    DePaul University College of Law, 25 E Jackson Boulevard
    Chicago, IL  United States  60604
  • Authors:
    • Fleming, Joseph Z
  • Publication Date: 2008

Language

  • English

Media Info

  • Media Type: Print
  • Edition: Transfer Binder 2: 2004-2008
  • Pagination: pp 16051-16057
  • Monograph Title: Issues in Aviation Law and Policy

Subject/Index Terms

Filing Info

  • Accession Number: 01141832
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 12 2009 12:15PM