미국법상 고용분쟁 중재제도

Abstract

Arbitration is the predominant method of resolving labor disputes involving employees lovered by collective bougainning agreement , and is in growing use for nonunion employees . Typically , the agreements include a prohibition against dismissals without just cause. The arbitration tribunal decides whether just cause existed. Federal law developed under § 301 of the labor management relation act preempts state law. but state courts to apply this body of common law . Two overriding principles are those, one is that disputes are presumed to be arbitrable and another is that arbitration awards should not be invalidated except in extra ordinary circumstances.