CLARS Seminar
Living in a Right to Contract World:
The Rise of American Individual
Employment Arbitration
Presenter:
Professor Paul M Secunda, Marquette Law School
Chair
Professor Marilyn Pittard, Associate Dean, International and Engagement,
Monash Law Faculty and Vice President of the Australian Labour Law
Association
Concluding remarks
Mr Mark Rinaldi, Barrister and Member ALLA National Committee
About the seminar
Right to work (RTW) in the US context means that states have the ability to permit
public-sector and private-sector employees who do not support the union to not have
to pay so-called “fair share fees” – more accurately, Professor Secunda contends
such laws could be called: “right-not-pay-union-dues” laws.
Date: Tuesday 17 November
2015
Time: 5.45pm registration.
Event: 6 – 7pm
with refreshments after.
Venue: Monash University Law
Chamber, 555 Lonsdale Street,
Melbourne
RSVP: Friday 13 November
2015 to
http://goo.gl/forms/bcyQMAkpHP
CLARS WEBSITE
Under the exclusivity principle of the American National Labor Relations Act (NLRA)
and most public-sector state collective bargaining laws, unions elected by a majority
of workers in a bargaining unit must represent ALL employees, whether they voted
for the union or not. So, in the 25 RTW states, unions have to provide services to
dissenting employees who do not contribute financially for these services.
Professor Secunda will be highlighting that at the same time RTW is robbing
employees of workplace representation and voice, employers are pushing more
aggressive individual employment arbitration agreements. American Employees are
increasingly being forced to accept pre-dispute mandatory arbitration agreements for
any future employment dispute they may have with their employer. Such a move
means that workers are finding it increasingly hard to vindicate their workplace rights
under protective federal and state workplace legislation and American employers are
winning the battle of creating cheap labour.
This event is in conjunction with
The Australian Labour Law
Association, Victorian Chapter
About the presenter:
Professor Paul M Secunda teaches labour law, employment discrimination law, employment law, employee benefits law,
education law, and civil procedure. He is the author of almost seventy books, chapters, articles and shorter writings on labour,
employment, employment discrimination, employee benefits, and education law. He is the Director of Marquette Law School’s
Labor and Employment Law Program and founder and advisor to the Marquette Benefits and Social Welfare Law Review.
Professor Secunda received the Senior Fulbright Scholar Award for 2015-2016 to study Australian superannuation at
Melbourne Law School where he is Senior Fellow. Professor Secunda is in demand in Australia to speak at ALLA and other
events.
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