10.2190/VAWW-V7PK-9J1K-29BL VAWWV7PK9J1K29BL 65 A DIALOGUE ON A CONTEMPORARY ISSUE: THE HOOTERS CASE: A COMMENT 65 67 20030410 20030410 20030410 20030410 VAWWV7PK9J1K29BL.pdf http://baywood.metapress.com/link.asp?target=contribution&id=VAWWV7PK9J1K29BL 1 GLADYS W. GRUENBERG Saint Louis University, St. Louis, Missouri An increasing number of nonunion employees are covered by individual ADR agreements requiring them to arbitrate employment disputes as a substitute for judicial remedies. Hooters illustrates what can happen to arbitration in the unorganized sector, where bargaining power between employers and employees is notoriously unbalanced. With proper controls to ensure due process, arbitration could be a welcome final solution for all workforce problems in the unorganized sector. Cf. Society for Human Resource Management, Legal Report, "Achieving Workplace Justice Through Binding Arbitration," p. 1; "The War in the Workplace Must End, But Arbitration Is Not The Answer," p. 5; Arlington, Va., 1994 (a debate between two management attorneys). Steelworkers Trilogy, 363 U.S. 564, 574, 593 (1960). Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991). United States Government Accounting Office, Employment Discrimination: Most Employers Use Alternative Dispute Resolution, GAO/HEHS-95-150, Government Printing Office, Washington, DC, 1995. For a reprint of the Due Process Protocol, see Joyce M. Najita, ed., Arbitration 1995: New Challenges and Expanding Responsibilities, Proceedings of the Forty-Eighth Meeting of the National Academy of Arbitrators, BNA: Washington, DC, 1996, pp. 298-304. See also American Arbitration Association, Guide for Employment Arbitrators, 1997, New York, NY. Cf. Gladys W. Gruenberg, Employer-Promulgated Arbitration," Proceedings of the Spring Meeting, Industrial Relations Research Association, Madison, WI, 1996, pp. 508-510. Annette R. Phillips v. Hooters, 76 FEP Cases 1757 (S.C.S.C. 1998).