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 Collection: Congressional Research Service Reports
Enforceability of Mandatory Arbitration Agreements:

Enforceability of Mandatory Arbitration Agreements:

Date: January 12, 2001
Creator: Shimabukuro, Jon O
Description: In Wright v. Universal Maritime Service Corp., the U.S. Supreme Court found that a mandatory arbitration clause in a collective bargaining agreement was not enforceable because it failed to specify arbitration as the covered employees' sole method of obtaining relief for their statutory claims. Without such explicit language in the agreement, the union could not have made a "clear and unmistakable waiver" of the employees' rights to a judicial forum. Although the Court identified a "clear and unmistakable waiver" standard for determining whether a mandatory arbitration agreement could be enforced, it refrained from deciding whether a union could actually bargain for such a waiver
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Offshoring (a.k.a. Offshore Outsourcing) and Job Insecurity Among U.S. Workers

Offshoring (a.k.a. Offshore Outsourcing) and Job Insecurity Among U.S. Workers

Date: June 18, 2004
Creator: Levine, Linda
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Jordan-U.S. Free Trade Agreement: Labor Issues

Jordan-U.S. Free Trade Agreement: Labor Issues

Date: May 27, 2003
Creator: Bolle, Mary Jane
Description: None
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Jordan-U.S. Free Trade Agreement: Labor Issues

Jordan-U.S. Free Trade Agreement: Labor Issues

Date: July 15, 2003
Creator: Bolle, Mary Jane
Description: None
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The Americans with Disabilities Act (ADA): The Definition of Disability

The Americans with Disabilities Act (ADA): The Definition of Disability

Date: March 9, 2006
Creator: Jones, Nancy Lee
Description: The threshold issue in any Americans with Disabilities Act (ADA) case is whether the individual alleging discrimination is an individual with a disability. The ADA definition is a functional one and does not list specific disabilities. This report discusses the definition of "disability." It also briefly discusses the Supreme Court's opinions and analyze how the lower courts are interpreting the Supreme Court's holdings.
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Affirmative Action Revisited: A Legal History and Prospectus

Affirmative Action Revisited: A Legal History and Prospectus

Date: January 30, 2004
Creator: Dale, Charles V.
Description: Affirmative action remains a focal point of public debate as the result of legal and political developments at the federal, state, and local levels. This report discusses legislation related to affirmative action, as well as legal rulings on the topic and the federal government's role in first establishing and, later, attempting to curb affirmative action policies.
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Affirmative Action Revisited: A Legal History and Prospectus

Affirmative Action Revisited: A Legal History and Prospectus

Date: December 15, 2004
Creator: Dale, Charles V.
Description: Affirmative action remains a focal point of public debate as the result of legal and political developments at the federal, state, and local levels. This report discusses legislation related to affirmative action, as well as legal rulings on the topic and the federal government's role in first establishing and, later, attempting to curb affirmative action policies.
Contributing Partner: UNT Libraries Government Documents Department
Collective Bargaining and Homeland Security

Collective Bargaining and Homeland Security

Date: September 5, 2002
Creator: Shimabukuro, Jon O
Description: This report discusses the personnel provisions of H.R. 5710, the Homeland Security Act of 2002, and the President’s existing authority under 5 U.S.C. § 7103(b)(1) to exclude the employees of certain agencies from the ability to bargain collectively. H.R. 5710, described as a revised version of the original White House proposal to create a new Department of Homeland Security, was passed by the House on November 13, 2002. H.R. 5710 includes language related to the President’s authority under 5 U.S.C. § 7103(b)(1). In addition, the report reviews the concept of successorship, whereby a union may retain its status as the exclusive representative of employees acquired by a new employer.
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Terrorism: The New Occupational Hazard

Terrorism: The New Occupational Hazard

Date: March 29, 2002
Creator: Rappaport, Edward B
Description: None
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Civil Service Retirement Bills in the 106th Congress

Civil Service Retirement Bills in the 106th Congress

Date: June 28, 2000
Creator: Purcell, Patrick J
Description: Among the civil service retirement issues addressed in bills introduced thus far in the 106th Congress are the correction of retirement coverage errors for federal employees assigned to the wrong retirement system; immediate eligibility for federal employees to participate in the Thrift Savings Plan (TSP); improved portability of pension benefits; and repeal of the temporary increase in employee retirement contributions that was mandated by the Balanced Budget Act of 1997. Other bills would expand TSP eligibility to include members of the armed services; improve pension coverage for temporary and part-time federal employees; and designate several categories of federal employees as law enforcement officers for purposes of determining their retirement benefits.
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