Circut City versus Saint Clair Adams
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Is anyone familiar with this case? CIRCUIT CITY V. SAINT CLAIR ADAMS.
Critique arbitration practices based on the review of the following case.
Case: 6.2 page 164 (Moran text).
1) Do you agree with the court's decision?
2) If a case has been filed in court and then mandatory arbitration has been imposed, could the case be dismissed in favor of arbitration?
3) Why should an existing employee be subject to termination if he or she refuses to sign an agreement to arbitrate?
Length: 5 pages.
Analyze the role of unions in resolving employment disputes.
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Solution Summary
Review of the case Circut City versus Saint Clair Adams and how unions resolve employee disputes.
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I have provided some notes for you to use. I based them on the questions supplied. You can use transitions and your own thoughts and information from lectures to complete the assignment based on these notes.
1) Do you agree with the court's decision?
Yes, the FAA was meant to deal with workers within the specific confines noted by Kennedy. The exclusions were part of the agreement based on input from the unions that represent those two types noted and others within that particular job type. The court identified the reasoning fairly and pointed to the obvious relationship of the "others" within the exclusion as being of the same type as the named seamen and railroad workers because these are the people involved in foreign and interstate commerce. Without the defined members of the class noted specifically, the act probably would cover any employee working in a company that did engage in interstate commerce or foreign commerce which would include any business that did business in more than one state or country.
2) If a case has been filed in court and then mandatory arbitration has been imposed, could the case be dismissed in favor of arbitration?
Yes, arbitration is a legal alternative to a court case. It is often cited as a better way for conflicts to be resolved, because it uses the basic facts, like a court case would, but costs less to pursue and uses an independent (if done correctly) third party to resolve the dispute based on the facts presented. The National Arbitration Forum oversees the arbitration industry to make sure the proceedings and outcomes are fair and the process is performed correctly. ...
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