ARBITRATION
Winter 2004
Robert G. Bailey

Objective

The study of arbitration involves an examination of why and how private parties to a dispute design and participate in a dispute resolution process that advances their respective goals yet operates within the basic framework of a public conception of justice and fairness. A variety of intriguing questions arise:

We will analyze these and other features and challenges to the process of arbitration during this course.

Week Topics and Required Readings

January 15 Overview of Course
Basic Principles of Process
January 19 FAA, UAA and RUAA
January 26 Labor Arbitration: Red Cross Line, 264 U.S. 109 (1924); Prima Paint, 388 U.S. 395 (1967)
February 2 Labor Arbitration: Textile Workers Union, 353 U.S. 488 (1957); American Mfg. Co., 363 U.S. 564 (1960); Warrior and Gulf Navigation, 363 U.S. 574 (1960); Enterprise Wheel and Car Corp., 363 U.S. 593 (1960); AT&T Technologies, 475 U.S. 643 (1986); Howsam 123 S. Ct. 588 (2003); Misco, Inc., 484 U.S. 29 (1987); Eastern Associated Coal Corporation, 121 S.Ct., 462 (2000)
February 9 Employment Arbitration: Gardner/Denver, 415 U.S. 36 (1974); Gilmer, 500 U.S. 20 (1991); Waffle House, Inc., 122 S.Ct. 754 (2002)
February 16 Employment Arbitration: Cole, 105 F.3d 1465 (1997); Green Tree Financial Corp., 121 S.Ct. 513 (2000); Wright, 119 S. Ct. 391 (1998)
February 23 Employment Arbitration: Hooters of America, 39 F. Supp. 3d 582 (1998) and 173 F.3d 937 (1999); Circuit City, 121 S.Ct., 1302 (2001); Garvey, 203 F.3d 580 (2000) and 243 F.3d 547 (2000) and 121 S.Ct. 1724 (2001)
March 1 The Arbitration Hearing
March 8 Arbitration and Statutory Rights: Southland, 465 U.S. 1 (1984); PVI, Inc.,135 F.3d. 1252 (1998)
March 15 First Options, 514 U.S. 938 (1995); Terminex, 513 U.S. 265 (1995)
March 22 SPRING BREAK (Enjoy!!)
March 29 Arbitration and Statutory Rights: Casarotto, 517 U.S. 681 (1996); Citizens Bank, 423 S. Ct. 2037 (2003); Greentree, 123 S. Ct. 2402 (2003)
April 5 Arbitration and Statutory Rights: Armendariz, 6 P.3d 669 (2000) Patterson, 113 F.3d 832 (1997); Broemmer, 840 P.2d 1013 (1992); Gateway, 64 F.3d 993 (1995)
April 12 Arbitration and Statutory Rights: Kyocera, 130 F.3d 884 (1997); Halligan, 148 F.3d 197 (1998); Powers; Cal. App. 4th 1102 (1997)
April 19 HMO Arbitration: Engalla, 938 P.2d 903 (1997)
Papers due on April 28th!!
April 26 Attorney Arbitration

Course Grading:

Your course grade will be based upon the following elements:

1. A 12-15 page research paper or a brief as the attorney for the Company or the Union. Each student shall write an analytical paper examining a policy or practice issue facing the arbitration process or a brief. All papers must be typed and double-spaced. Papers will be due by April 28, 2004. By April 1, you must submit, in writing, your topic for the paper.

2. Active participation in class is an important element of enriching the learning experience. I reserve the right to add up to a maximum of 5 points to a student’s grade based on the quality and extent of his/her contribution to class discussions.

Cases will be assigned and students (expert witnesses) will be responsible for analyzing and leading the classroom discussion on these cases.

3. You are required to submit one (1) brief “discussion question” during the semester. You may choose when you wish to submit the discussion question. The questions are to be based on the assigned reading, a case which is currently receiving media attentions, or an arbitral issue which has piqued your interest.

Attendance Policy:

There is an attendance policy in Arbitration. If you miss one or fewer classes, you will receive two extra points on your grade; if you miss three or fewer classes, you will receive one extra point. If you miss more than ten (10) classes, you will be dropped from the course.

General:

My office is Room 217. Although I do not maintain “office hours” as such, I am available to you whenever I am in my office. If you catch me at an inconvenient time, I will make an appointment with you for another time. If you need to contact me by telephone, my office number is 882-6891 (if I am not there, my voicemail will take a message, and I’ll get back to you), and my home number is 446-8157. My e-mail address is baileyr@missouri.edu.

Good luck this semester. I look forward to working with you during the semester and I hope you enjoy and profit from this course.


If you need accommodations because of a disability; if you have emergency medical information to share with me; or if you need special arrangements in case the building must be evacuated, please inform me immediately. Please see me privately after class, or at my office.

To request academic accommodations (for example, a note taker), students must also register with Disability Services, A038 Brady Commons, 882-4696. It is the campus office’s responsibility for reviewing documentation provided by students requesting academic accommodations, and for accommodations planning in cooperation with students and instructors, as needed and consistent with course requirements. For other MU resources for students with disabilities, click on “Disability Resources” on the MU homepage.


Copyright 2003 Robert G. Bailey. Teachers are free to copy these materials for educational use in their courses only, provided that appropriate acknowledgment of the author is made. For permission to use these materials for any other purpose, contact the author.