News and Commentary

The National Academy of Arbitrators monitors news and ongoing issues regarding arbitration across the country. When issues arise that require comment, the NAA will submit articles addressing the issue at hand.

Comparative Analysis of Employment Arbitration and Employment Litigation Study

At the National Academy of Arbitrators (NAA), our mission is to foster a clear and accurate understanding of arbitration’s role in resolving workplace disputes. As discussions around the fairness of mandatory arbitration continue to gain momentum, it’s crucial to address the misconceptions that have shaped public perception.

The debate over whether arbitration serves employees fairly has drawn attention from influential bodies such as the US Department of Labor, the ACLU, and the International Bar Association.

In response to these concerns, NAA member Theodore St. Antoine and academic cohorts conducted a comprehensive study that sheds light on the realities of employment arbitration. The study’s findings are vital in informing ongoing discussions and ensuring that arbitration is accurately represented in both public discourse and policy-making.

NAA President Responds to Pittsburgh Post-Gazette Coverage

On April 3, 2024 National Academy of Arbitrator President William McKee sent a letter to the Pittsburgh Post-Gazette Editorial Board in reference to an March 17 editorial titled “For a better, more accountable police force, reform Act 111 arbitration.” In the letter, Mr. McKee addressed the editorial’s portrayal of arbitration as entirely beyond the court’s jurisdiction and its failure to adequately address the importance of collective bargaining agreements. By suggesting that arbitration is untouchable by the court, it overlooks the potential benefits of Public Policy Exceptions. Additionally, the editorial misrepresents the role of the mayor in addressing this issue, as it primarily falls under legislative jurisdiction.

NAA Response About Marshall Project Article

At the National Academy of Arbitrators, we are committed to promoting a better understanding of arbitration among the media and the public. We acknowledge that arbitration is a vital tool in resolving disputes in employment and labor relations, and it is essential to address misconceptions surrounding its practices

On December 14, the Marshall Project published a piece titled “A Crazy system: How arbitration returns abusive officers to N.Y. Prisons.”  While we appreciated the opportunity given to member Dan Nielsen to serve as a source for the piece, we want to clarify some inaccuracies portrayed in it…

NAA President Responds to Seattle Times Coverage

National Academy of Arbitrator President William McKee recently sent an letter to The Seattle Times Editorial Board in reference to an article they ran on December 8, 2023 and an editorial written on December 17, 2023, both concerning a police discharge arbitration. In the letter, Mr. McKee addressed errors in the reporting and expressed his concern about the misrepresentations of arbitration.

NAA Member Response About Supreme Court’s Bissonnette Decision

On Friday, April 12, the U.S. Supreme Court, in a 9-0 unanimous decision, ruled that plaintiffs who worked as distributors for the company that makes Wonder Bread and other baked goods could not be compelled under the Federal Arbitration Act to arbitrate their claims for unpaid wages based on the industry in which they work.  The court’s decision in Bissonnette v. LePage Bakeries, written by Chief Justice Roberts, concluded that the industry-test urged by the employer was not a qualifier for the FAA’s statutory exclusion for transportation workers engaged in interstate commerce. The National Academy of Arbitrators submitted an amicus brief supporting the plaintiff’s view that the FAA did not apply.