Bargaining in the Shadow of the EFAA

Authors

Samuel R. Cole

Abstract

Labor unions are having something of a moment. In the past few years, high profile unionization efforts like those at Starbucks and successful strikes like SAGAFTRA have generated headlines. Even as labor activists celebrate these wins, American unions face ongoing obstacles. Union membership continues to decrease, and union participation remains at an all-time low. And now courts, perhaps unwittingly, are adding to their woes. In one example, particularly relevant here, courts have overlooked the distinction between arbitration agreements contained in collective bargaining agreements and arbitration agreements contained in contracts between employers and at-will employees. The result has been to entwine the Federal Arbitration Act (FAA) and the Labor Management Relation Act (LMRA) in ways that create ambiguity. This, in turn, has led to potentially unexpected outcomes and has interfered with union-management efforts to contract regarding preferred dispute resolution processes.

Recommended Citation

Samuel R. Cole, Bargaining in the Shadow of the EFAA, 2025 J. Disp. Resol. (2025)
Available at: https://scholarship.law.missouri.edu/jdr/vol2025/iss1/14