APR. 40th Annual KENNETH M. PIPER LECTURE. The Metastasization of Mandatory Arbitration

Transcription

1 APR th Annual KENNETH M. PIPER LECTURE The Metastasization of Mandatory Arbitration

2 40th Annual KENNETH M. PIPER LECTURE The Metastasization of Mandatory Arbitration Mandatory arbitration has now been a part of employment relations for over a quarter century. But after growing rapidly in the 1990s and early 2000s to cover over a fifth of the workforce, it has been relatively unknown. This is due to a lack of current research on the question of whether mandatory arbitration continued to expand or if it remained a phenomenon only affecting a minority of workers. Uncertainty over the extent of mandatory arbitration is striking, given the series of important court decisions in recent years extending its impact to include the ability to waive class actions and the growing evidence that employers fair better in arbitration than they do in litigation. This lecture will present evidence from a new national survey of employers showing that mandatory arbitration has continued to expand, and now covers over half of private sector non-union workers. The survey results allow us to draw a picture of where mandatory arbitration has spread, among which employers, and in which parts of the country it is most prevalent, as well as what types of workers are most likely to be covered by it. This metastasization of mandatory arbitration means that more American workers now must bring their employment claims to arbitration than can take their claims to court, with profound implications for how we think about our system of employment law. 11:30a.m.-1:00p.m. Ogilvie Auditorium IL MCLE Credit: 1.5 hrs The lecture is free and open to the public, however registration is requested at cle.kentlaw.edu This lecture is funded by the Kenneth M. Piper Endowment, established by a gift from Mrs. Kenneth M. Piper in memory of her husband. Mr. Piper was a distinguished executive with Motorola, Inc., and Bausch & Lomb, Inc., who made important contributions in human resources and labor relations for more than two decades.

3 FACULTY LECTURER Alexander J.S. Colvin Associate Dean for Academic Affairs, Diversity, and Faculty Development, and Martin F. Scheinman Professor of Conflict Resolution, ILR School, Cornell University Alexander J.S. Colvin is the Martin F. Scheinman Professor of Conflict Resolution and Associate Dean for Academic Affairs, Diversity, and Faculty Development at the ILR School, Cornell University. His research and teaching focuses on employment dispute resolution, with a particular emphasis on procedures in non-union workplaces and the impact of the legal environment on organizations. Professor Colvin s research projects include empirical investigations of employment arbitration and a crossnational study of labor and employment law change in the Anglo-American countries. He has published articles in various journals, including: Industrial & Labor Relations Review, Industrial Relations, British Journal of Industrial Relations, Academy of Management Journal, Personnel Psychology, International Journal of Human Resource Management, Human Resource Management Review, Relations Industrielles, Journal of Empirical Legal Studies, Ohio State Journal on Dispute Resolution, and Cornell Journal of Law & Public Policy. He is also co-author of the books, An Introduction to Collective Bargaining and Industrial Relations 5th edition, Labor Relations in a Global World: An Introduction Focusing on Developing Economies, Arbitration Law 3rd edition, and co-editor of the Oxford Handbook of Conflict Management in Organizations. Professor Colvin received his J.D. from the University of Toronto and his Ph.D. from Cornell University. COMMENTATOR Manuel Cuevas-Trisán Chief Human Resources Officer and Corporate Vice President, Employment Law & Data Protection, Motorola Solutions, Inc. Manuel Cuevas-Trisán joined Motorola s Legal Department as Labor & Employment Counsel in He leads the Labor & Employment team and the Privacy & Data Protection practice, which he established. Since November 2015 he has also served as Chief Human Resources Officer. In addition to leading the People strategy, he oversees the activities of the company s non-profit, philanthropic arm, the Motorola Solutions Foundation. Mr. Cuevas-Trisán s areas of expertise include domestic & international labor & employment law, EEO compliance, human resources management, corporate restructuring, downsizing, outsourcing, M&A, privacy/ data protection, employment litigation, terminations, restrictive covenants, internal investigations, business immigration and talent mobility. He has previously served as Senior Commercial Counsel for Motorola s Supply Chain organization, and led the legal team that supported mobile devices sales and field operations throughout Latin America. Prior to Motorola, Mr. Cuevas- Trisán worked at the Puerto Rico law firm of McConnell Valdés and served as judicial clerk at the Puerto Rico Court of Appeals. He received his B.A., magna cum laude, from the University of Notre Dame, and his J.D., cum laude, from the University of Puerto Rico, School of Law. He obtained his CIPP and CIPM certifications from the International Association of Privacy Professionals. COMMENTATOR Catherine K. Ruckelshaus General Counsel and Program Director, National Employment Law Project Catherine Ruckelshaus joined NELP in 1995, after working for the Employment Law Center in San Francisco. For over 20 years, she has litigated and advocated for policy reforms promoting the workplace rights of immigrant and non-standard workers (part-time, temporary, and subcontracted workers), enforcement of wage and hour and workplace laws, and antidiscrimination and family and medical leave laws. Ms. Ruckelshaus has litigated class-action lawsuits in state and federal court and authored several amicus briefs before the U.S. Supreme Court and U.S. Courts of Appeal. In 2003, she was honored by the Association of the Bar of the City of New York for successfully litigating on behalf of New York City s immigrant workers, and in 1989 she was a Skadden Fellow. Ms. Ruckelshaus received her J.D. from Stanford Law School and her B.A. from Princeton University. KENNETH M. PIPER ENDOWMENT ADVISORY BOARD Margaret Angelucci Asher, Gittler, & D Alba Ltd. Lisa R. Callaway Engler, Callaway, Baasten, & Sraga LLC Kelly Anne Keeler Calvanico Terrence T. Creamer Franczek Radelet PC Stanley Eisenstein Katz, Friedman, Eagle, Eisenstein, Johnson, & Bareck PC Marisel A. Hernandez Jacobs, Burns, Orlove, & Hernandez Wesley Kennedy Allison, Slutsky, & Kennedy PC Jessica Kimbrough United Airlines, Inc. Martin H. Malin César F. Rosado Marzán Susan M. Matta Carmell, Charone, Widmer, Moss, & Barr Ltd. Peter S. Ohr National Labor Relations Board Kelly Powers-Hamp Marsha L. Ross-Jackson Patricia Costello Slovak Schiff Hardin LLP Anna Wermuth Cozen O Connor

4 C-K SPOTLIGHT UPCOMING CLE CONFERENCES April 26-27, 2018 May 17, 2018 June 7, 2018 June 12, th Annual Section 1983 Civil Rights Litigation Conference Eligible for hrs IL MCLE credit 37th Annual Federal Tax Institute Eligible for 8.0 hrs IL MCLE credit 37th Annual Conference on Not-For-Profit Organizations IL MCLE credit to be determined Hot Topics in Contemporary Labor Relations Law Conference, in cooperation with the NLRB Region 13 IL MCLE credit to be determined REGISTRATION FORM INSTITUTE FOR LAW AND THE WORKPLACE Created in 1996, the Institute for Law and the Workplace is a national center for research, training, dialogue and reflection on the law that governs the workplace. The institute serves as an intellectual home for the labor and employment law community in Chicago and nationally. It pools the resources of leading scholars and the professional community to train students and professionals, monitor workplace trends, and reflect upon issues confronting the labor and employment law community in a neutral academic setting. Prefix Name(s) (please print) Professional Title(s) Firm/Company/Organization Address City, State, Postal Code Telephone Accessibility Needs? CLE Credit? Yes No IL ARDC Number Fax INSTITUTE FACULTY Executive Director Assistant Dean Marsha L. Ross-Jackson Co-Directors Professor Martin H. Malin Professor César F. Rosado Marzán Faculty Professor Richard J. Gonzalez Professor Anthony Michael Kreis Professor Laurie E. Leader Professor Henry H. Perritt, Jr. Professor Carolyn Shapiro Chicago-Kent Alumni, Graduation Month & Year Registration Code (Enter characters appearing on the mailing label. Please enter this ID even if the label is addressed to someone else. Thank you!) 3 EASY WAYS TO REGISTER ONLINE cle.kentlaw.edu PHONE MAIL Office of CLE 565 W. Adams Street Chicago, IL

5 565 West Adams Street Chicago, Illinois th Annual KENNETH M. PIPER LECTURE Tuesday, April 10, 2018 Earn up to 1.5 hrs of IL MCLE credit 458 Non-Profit Org U.S. Postage PAID Chicago, IL Permit No ALLIED PRINTING TRADES UNION LABEL COUNCIL CHICAGO, IL