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Arbitration Provision Is Latest Front In The War Over 'Card-Check' Legislation

Publication Date: 
February 05, 2009
National Journal's Congress Daily
Kasie Hunt and Bill Swindell

Professor William B. Gould IV is quoted in the National Journal's Congress Daily in an article about a the Employee Free Choice Act and its provision requiring mandatory arbitration:

William B. Gould, a law professor at Stanford University who served as chairman of the National Labor Relations Board in the Clinton administration, said the legislation would make major changes to labor law, and not just because of card check. "Arbitration is the more drastic change," Gould said. He said unlike card check, which can be used to form a union if the employer agrees, there is no precedent for the arbitration provisions as they are written.


Gould said the arbitration provision could hit legal roadblocks. "The law as presently written would probably be unconstitutional because there are no criteria under the law for the arbitrator to follow," Gould said.