Labor Arbitration is the term used for disputes between unions and employers based on a contract (typically called a collective bargaining agreement) between the parties.
The disputes can involve a variety of issues, but generally require the arbitrator to resolve the issue of whether the contract has been violated in some respect, and if so, what a suitable remedy would be.
Labor arbitrators tend to have an extensive background in matters involving the relationship between unions and employers, although not all of them are attorneys.
Mr. Ryce has handled hundreds of union-employer issues, while he was engaged in his legal practice as a labor lawyer, and more recently now that he acts solely as a hearing examiner or labor arbitrator.
Employment Arbitration is the general term used for using arbitrators instead of courts to resolve workplace disputes between employers and employees.
These disputes can range from alleged illegal discrimination or improper wage practices to claimed breaches of contract.
The obligation to arbitrate can arise in a variety of ways: employment contracts, personnel policies or manuals, specific arbitration agreements, or other written documents specifying that the dispute must be resolved by a neutral third party (the obligation must be in writing; oral agreements aren’t enough).
The legal ability of an arbitrator is especially important in employment disputes. Typically an employment arbitrator has an extensive background in employment matters, and a reputation that goes along with it.
Mr. Ryce has practiced employment law for over 40 years, and possesses an AV rating as an attorney.
The Financial Industry Regulatory Authority (FINRA) is the largest independent regulator for all securities firms doing business in the United States.
It operates the largest dispute resolution forum in the securities industry, using public arbitrators and industry arbitrators who may or may not be attorneys but are chosen for their ability to be neutral in such disputes.
According to FINRA, the following rules apply regarding arbitration:
Eligible Cases Arbitration cases are eligible to be heard in FINRA's forum if the following criteria are met:
Required Investor Arbitration An investor must arbitrate at FINRA if:
Required Industry Arbitration A broker or a brokerage firm must arbitrate at FINRA if:
If an investor requests arbitration, a broker or a brokerage firm must arbitrate at FINRA.
If you are a broker alleging employment discrimination, arbitration is voluntary.
Mr. Ryce is a public arbitrator and is chairman- and injunction-qualified for FINRA Dispute Resolution cases