Research Handbook on the Economics of Labor and Employment Law
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Research Handbook on the Economics of Labor and Employment Law

  • Research Handbooks in Law and Economics series

Edited by Cynthia L. Estlund and Michael L. Wachter

This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume’s 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims.
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Chapter 14: The forum for adjudication of employment disputes

Samuel Estreicher and Zev J. Eigen

Extract

This chapter focuses on the appropriate design of the forum for adjudication of employment disputes. By the term “adjudication,” we refer to the resolution of “rights” disputes – disputes over the application of a contract or the application of a statutory or regulatory rule or policy to a particular situation. We are not referring to “interests” disputes – disputes over the substantive content of an initial labor-management contract or renewal agreement, or the analog in a non-unionized setting, such as the construction of rules to govern the workplace. In considering the design question, we assume that all involved actors (employees, employers, unions, etc.) retain whatever endowments they currently possess in terms of intelligence, energy, income, occupational status, access to resources, union representation, and statutory and contractual rights. Holding these endowments constant, we ask what institutional arrangements for adjudicating rights disputes would do the best job of resolving those disputes in a fair, efficient manner for workers, managers and the public generally.

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